LB 



THE 



PUBLIC SCHOOL LAW 



NORTH CAROLINA 



BEING 



CHAPTER 95, CONSOIilDATED STATUTES 
OF NORTH CAROIilNA 



TOGETHER WITH ' , . 

DECISIONS OF THE STATE SUPERINTENDENT 
OF PUBLIC INSTRUCTION 



^^1^' 



RALEIGH 

Issued from the Officb of 

SlATB SUPBRINTBNDBNT OF PUBUC INSTBUOTION 
1»10 




Book_. N?^ 



THE 



PUBLIC SCHOOL LAW 



OF 

NORTH CAROLINA io^^^.^^tefc, 4*^^^ 



BEING 



CHAPTER 95, CONSOIilDATED STATUTES 
OF NORTH CAROLINA 



TOGETHER WITH 

DECISIONS OF THE STATE SUPERINTENDENT 
OF PUBLIC INSTRUCTION 



RALEIGH 

Issued from the Office of 

State Superintendent of Public Instruction 

1919 



V 



^J 






PREFATORY NOTE 



This compilation of the Public School Laws of I^orth Carolina is 
issued in this form in accordance with section 5392 of the Consolidated 
Statutes of I^orth Carolina. 

It is an exact copy of chapter 95 of the Consolidated Statutes which 
embodies all laws and amendments relating to public education that have 
been enacted up to date. 

In addition to the public laws, one thousand copies of this pamphlet 
contain an index of Public-Local and Private School legislation which, 
with the exception of the enactments of the Legislature of 1919, was 
prepared by the State Educational Commission. 




Btaie Superintendent of Public Instruction. 
Raxeigh, November, 1919. 

!»-: •* B. 

NOV 5 1920 



MITCHELL PRINTING CO.. RALEIGH 



^ 



EDUCATION IN OUR CONSTITUTION 



Article IX of the Constitution of North Carolina relates to education. It 
reads as follows : 

Section 1. Religion, morality, and knowledge being necessary to good gov- 
ernment and the happiness of mankind, schools and the means of education 
shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this Constitution, 
shall provide by taxation and otherwise for a general and uniform system 
of public schools, wherein tuition shall be free of charge to all the children 
of the State between the ages of six and twenty-one years. And the children 
of the white race and the children of the colored race shall be taught in 
separate public schools ; but there shall be no discrimination in favor of or 
to the prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a convenient number 
of districts, in which one or more public schools shall be maintained at least 
six months in every year ; and if the commissioners of any county shall fail 
to comply with the aforesaid requirements of this section they shall be liable 
to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter may be 
granted by the United States to this State and not otherwise appropriated by 
this State or the United States, also all money, stocks, bonds and other prop- 
erty now belonging to any State fund for purposes of education, also the net 
proceeds of all sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made to the State 
and not otherwise appropriated by the State or by the terms of the grant, 
gift or devise, shall be paid into the State Treasury, and, together with so 
much of the ordinary revenue of the State as may be by law set apart for that 
purpose, shall be faithfully appropriated for estabhshing and maintaining in 
this State a system of free public schools, and for no other uses or purposes 
whatsoever. 

Sec 5. All moneys, stocks, bonds, and other property belonging to a county 
school fund, also the net proceeds from the sale of estrays, also the clear pro- 
ceeds of all penalties and forfeitures and of all fines collected in the several 
counties for any breach of the penal or military laws of the State, and all 
moneys which shall be paid by persons as an equivalent for exemption from 
military duty shall belong to and remain in the several counties and shall be 
faithfully appropriated for establishing and maintaining free public schools 
in the several counties in this State: Provided, that the amount collected in 
each county shall be annually reported to the Superintendent of Public In- 
struction. 

Sec 6. The General Assembly shall have power to provide for the election 
of trustees of the University of North Carolina, in whom, when chosen, shall 
be vested all the privileges, rights, franchises and endowments thereof in 
any wise granted to or conferred upon the trustees of said University ; and 
the General Assembly may make such provisions, laws and regulations from 
time to time as may be necessary and expedient for the maintenance and man- 
agement of said University. 



4 Public School Law of I^orth Carolina 

Sec. 7. The General Assembly shall provide that the benefits of the Uni- 
versity, as far as practicable, be extended to the youth of the State free of 
expense for tuition ; also that all the property which has heretofore accrued 
to the State or shall hereafter accrue from escheats, unclaimed dividends or 
distributive shares of the estates of deceased persons shall be appropriated 
to the use of the University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, 
Auditor, Superintendent of Public Instruction, and Attorney-General shall 
constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent of Public 
Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers and trusts 
of the president and directors of the literary fund of North Carolina, and 
shall have full power to legislate and make all needful rules and regulations 
in relation to free public schools and the educational fund of the State; but 
all acts, rules and regulations of said board may be altered, amended, or 
repealed by the General Assembly, and when so altered, amended or repealed 
they shall not be reenacted by the board. 

Sec 11. The first session of the Board of Education shall be held at the 
capital of the State within fifteen days after the organization of the State 
Government under this Constitution ; the time of future meetings may be 
determined by the board. 

Sec. 12. A majority of the board shall constitute a quorum for the trans- 
action of business. 

Sec 13. The contingent expenses of the board shall be provided by the 
General Assembly. 

Sec 14. As soon as practicable after the adoption of this Constitution the 
General Assembly shall establish and maintain in connection with the Uni- 
versity a department of agriculture, of mechanics, of mining and of normal 
instruction. 

Sec 15. The General Assembly is hereby empowered to enact that every 
child of sufficient mental and physical ability shall attend the public schools 
during the period between the ages of six and eighteen years for a term of 
not less than sixteen months, unless educated by other means. 



Sec 27. The people have the right to the privilege of education, and it is 
the duty of the State to guard and maintain that right. — Bill of Rights, North 
Carolina Constitution. 

Article II, section 29 : 

The General Assembly shall not pass any local, private, or special act or 
resolution : "Erecting new townships, or changing township lines, or establish- 
ing or changing the lines of school districts." 

educational qualification for suffrage 

Article VI, section 4, of the Constitution of North Carolina, contains the 
following : 

Every person presenting himself for registration shall be able to read and 
write any section of the Constitution in the English language; and before 



Public School Law of ^orth Carolina 5 

he shall be entitled to vote he shall have paid, on or before the first day of 
May of the year in which he proposes to vote, his poll tax for the previous 
year, as prescribed by Article V, section 1, of the Constitution. But no male 
person who was, on January 1, 1867, or at any time prior thereto, entitled 
to vote under the laws of any State in the United States wherein he then 
resided, and no lineal descendant of any such person, shall be denied the 
right to register and vote at any election in this State by reason of his failure 
to possess the educational qualifications herein prescribed : Provided, he shall 
have registered in accordance with the terms of this section prior to Decem- 
ber 1, 1908. 



CHAPTER 95 

EDUCATION 

SUBCHAPTER I. APPLICATION OF CHAPTER 

Art. 1. Certain Schools Excepted and Regulated. 

5383. Application of chapter. 

SUBCHAPTER II. ADMINISTRATIVE ORGANIZATION 

Art. 2. The State Board op Education. 

5384. Incorporation and general corporate powers. 

5385. Succeeds to "president and diiectors of literary fund of North Carolina.' 

5386. Officers ; quorum ; meetings ; expenses. 

5387. Record of proceedings. 

5388. Reports to general assembly. 
6389. Investments. 

5390. State treasurer keeps accounts of, and reports to general assembly. 

Art. 3. State Superintendent of Public Instruction. 

5391. Office at capitol ; copies of papers therein. 

5392. Powers and duties. 

Art. 4. State Board for Vocational Education. 

5393. State board for vocational education created. 

5394. Powers and duties of board. 

5395. State superintendent to enforce article. 

5396. Cooperation of county authorities with state board ; funds. 

5397. Report to governor. 

Art. 5. College Commission Regulating Degrees. 

5398. Right to confer degrees restricted. 

5399. College commission created ; investigation. 

5400. Commission empowered to gi-ant license to confer degrees. 

5401. Inspection of institution ; revocation of license. 

Art. 6. County Board of Education. 

5402. Incorporation ; general powers. 

5403. Local variation as to number of members of county boards. 

5404. Nominations by county primaries ; elections by general assembly. 

5405. County board of elections to provide for nominations. 

5406. Members to qualify. 

5407. Vacancies in nominations. 

5408. Vacancies in office. 

5409. Eligibility for the office. 

5410. Meetings of board ; duties thereat. 

5411. July meeting with county superintendent and treasurer; business thereat. 

5412. Powers ; school control. 

5413. Power to permit pupils to attend high school of adjoining county. 

5414. Powers ; removing county school officials. 

5415. Powers ; building and contracting for new schoolhouses. 

5416. Powers ; school property. 

5417. Powers ; suits and actions. 

5418. Power to subpoena and to punish for contempt. 

5419. Witness failing to testify misdemeanor. 

5420. Appeals to board from county officers. 

5421. Superior court to review board's action. 

5422. Deeds to property purchased. 

5423. Deeds to property sold. 

Art. 7. County Superintendent of Public Instruction. 

5424. Election ; term of office. 
6425. Eligibility. 

5426. Not to teach ; to reside in county. 

5427. To take oath of office. 

5428. Vacancies. 

5429. Election reported to state superintendent. 

5430. Joint appointment in adjoining counties. 

5431. Joint employment by districts in cities and towns. 

5432. Advises with teachers ; may suspend teachers. 

5433. Administers oaths to teachers and school officials. 



Public School Law of Xorth Carolixa 7 

6434. Must visit schools. 

5435. Holds teachers' meetings. 

5436. Attends meetings of state and district associations of superintendents. 

5437. Looks after fines, forfeitures, and penalties. 

5438. Is secretary to county board. 

5439. Distributes blanks and books. 

5440. Provides for committee's reports on deaf, dumb, and blind children. 

5441. Reports monthly to county board. 

5442. Reports annually to state superintendent ; contents of report. 

5443. Removal for nonperformance of duties. 

Art. 8. Treasurer of the County School Fund. 

5444. County treasurer is. 

5445. Bond. 

5446. Action on bond, state on relation of county commissioners. 

5447. Receives and disburses school funds. 

5448. Keeps account of receipts ; receives only money. 

5449. Keeps account with each township and district. 

6450. Disbursements. 

6451. Annual report to state superintendent. 

6452. Report to county board. 

6453. Exhibits books, vouchers, and money to county board. 

5454. Duties on expiration of term. 

5455. Where treasurer's office abolished, banks, etc., to report. 

5456. Treasurers of school fund failing to report a misdemeanor. 

Art. 9. School Committee. 

5457. Membership ; appointment. 

5458. Term of office. 

5459. Oath of office. 

5460. Vacancies. 
6461. Eligibility. 

5462. Compensation of members. 

6463. Organization of committee. 

5464. Powers as to school property. 

5465. Lease of school grounds in cities or towns to municipalities for park purposes. 

6466. Powers ; purchase of supplies. 

6467. Keeps record of receipts, expenditures, and conti*acts. 

6468. Reports to board on schoolhouses and school property. 

Art. 10. School Districts. 

5469. County board divides territory into school districts. 

6470. May be formed of portions of contiguous townships. 

5471. By agreement formed of portions of contiguous counties. 

5472. Limitations on creation of new districts. 

5473. Redistricting and consolidating. 

5474. Changing boundaries. 

5475. Pro\nsion for transportation of pupils in consolidated districts. 

6476. Interchange of pupils by counties. 

6477. Credits on tuition to nonresidents whose children attend in district. 

6478. Enlargement of graded school districts in towns. 

6479. Incorporation and boundaries of graded school districts. 

SUBCHAPTER III. REVENUE ; SOURCES AND APPORTIONMENT 
Abt. 11. State Public School Fund. 

5480. State literary fund. 

5481. The state public school fund. 

6482. Apportionment of state public school fund. 

6483. Reduction of special county and district taxes. 

6484. Manner of payment. 

6485. County board to submit budget to state superintendent ; special county tax for six 

months term. 

6486. County commissioners to levy required tax for six months school term. 

6487. Incidental expense fund. 

6488. Procedure in case of disagreement or refusal of county commissioners to levy school 

tax. 

6489. Consolidation of districts ; elimination of small schools. 

6490. Requirements necessary to receive state fund. 

6491. Appropriations for superintendent of colored normal school, board of examiners, 

rural libraries. 

6492. Appropriation for teacher-training. 

Art. 12. County School Budget and Taxes. 

5493. County school budget required ; contents. 

5494. Teacher's salary fund ; basis of estimate. 

6495. Incidental expense fund ; basis of estimate. 

6496. Building fund ; estimate. 

5497. Lists of fines and penalties filed with county boards of education. 

5498. Tax lists to have separate columns for school taxes. 
6499. Register to furnish abstracts of lists to county board. 



8 Public School Law of ISTorth Carolina 

5500. Sheriff's liability, civil and criminal, for failure to settle school tax. 

5501. Fiscal school year. 

Art. 13. Federal and State Cooperation. 

5502. Acceptance of benefits of federal vocational education act. 

5503. State appropriation equal to federal appropriation. 

5504. State treasurer authorized to receive and disburse vocational education fund. 

Art. 14. Special County School Tax. 

5505. Election upon petition of county board of education, 

5506. Rules governing election. 

5507. Levy and collection in county. 

5508. Reduction of special local tax levy in district. 

5509. Subsequent elections upon failure of first. 

5510. Payment of election expenses. 

Art. 15. Special High School Township Tax. 

5511. Election upon petition of freeholders. 

5512. Rules governing election ; tickets. 

5513. Levy and collection. 

5514. Money to be expended by high school committee. 

5515. Powers, duties, and qualifications of committee. 

5516. School may be established without special tax. 

5517. Elementary branches may be taught ; other funds may be apportioned. 

5518. High school subjects may be taught in public schools. 

Art. 16. Special City or Town Tax. 

5519. Election upon petition of freeholders. 

5520. Rules governing election ; tickets. 

5521. Levy and collection. 

5522. Money to be expended by city or town school committee. 

Art. 17. Special Tax in School Districts Containing Cities or Towns. 

5523. Election upon petition ; conduct of election ; result ; use of power. 

5524. Time of elections and levy ; frequency of elections. 

5525. Limit of aggregate tax rate. 

Art. 18. Special Tax in Special School Districts. 

5526. Election for special tax districts on petition of freeholders. 
6527. Rules governing election ; tickets. 

5528. Levy and collection. 

5529. Special districts from portions of contiguous counties. 

5530. Enlargement of special district upon election. 

5531. Abolition of district upon election. 

5532. Special district in debt may not be abolished. 

5533. Election for abolition not oftener than once in two years. • 

5534. Special tax levy restored at any time in abolished district. 

5535. Increasing levy in special district, where inadequate. 

5536. Money to be expended by school committee. 

SUBCHAPTER IV. PUBLIC SCHOOL SYSTEM AND INSTRUCTION 
Art. 19. General School System. 

5537. Constitutional provisions. 

5538. Separation of races. 

5539. Women on school boards. 

6540. Closing schools for nonattendance. 

5541. Branches taught. 

5542. Fire prevention to be taught. 

Art. 20. Arbor Day. 

5543. Arbor day designated. 

5544. Governor to make proclamation for observance by schools. 

5545. State superintendent to provide for observance. 

Art. 21. Separate Schools for Indians in Certain Counties. 

5546. Indians subject to article designated. 

5547. To have separate schools. 

5548. Duty of county board. 

5549. Right to attend school in other districts. 

5550. Pro rata share of school fund kept separate. 

5551. Application of general school law. 

Art. 22. Instruction in Temperance. 

6552. Minimum of instruction ; how and when given. 

5553. Gradations and regulations as to text-books. 

5554. Training of teachers for this instruction. 

5555. Enforcement of temperance instruction. 



Public School Law of JSTorth Carolina 9 

Art. 23, Instruction in Agriculture, Manual Trainin«, and Home Economics. 

5556. State superintendent to prepare courses and publish bulletins. 

5557. Bulletins furnished without cost. 

5558. Time given to subjects for different classes of schools. 

5559. School credits for outside work. 

5560. Lands for demonstration work. 

5561. Examination and training of teachers. 

5562. All teachers may be examined. 

5563. All schools required to give courses. 

5564. Town schools exempted. 

5565. Reports by county superintendents. 

Art. 24. County Farm-life Schools. 

5566. Establishment of school in county. 

5567. Aim of school and course of study. 

5568. Board of trustees ; appointment ; terms ; vacancies. 

5569. Qualification and organization of board. 

5570. Location of school. 

5571. Buildings ; farm ; maintenance. 

5572. Authority to accept erected school building. 

5573. Election in county to establish schools. 

5574. Issuance of bonds. 

5575. Township election to secure location. 

5576. Township bonds to secure location. 

5577. Election by contiguous townships to secure location. 

5578. Election in townships to establish on failure of county election. 

5579. Provisions for township school becoming county farm-life school. 

5580. High school department in connection with county farm-life school. 

5581. Certification of teachers. 

5582. Agricultural and farm-life extension and demonstration. 

5583. Short courses for adults. 

5584. Admission of students from other counties. 

5585. Treasurer of county farm-life school ; compensation. 

5586. Incorporation and powers. 

5587. Appropriation of state funds ; number of schools. 

5588. County board may supplement funds. 

Art. 25. Farm-life Instruction in County High Schools. 

5589. County high schools may maintain departments of instruction in agriculture and 

domestic science. 

5590. Boards of trustees of such school. 

5591. Selection and location of school. 

5592. Maintenance of schools ; buildings and equipment. 

5593. Pui'pose of school and course of study. 

5594. Faculty and schedule of work. 

5595. Authority of high school principal. 

5596. Qualifications of teachers. 

5597. Students from other counties. 

5598. Agricultural farm-life and extension work. 

5599. Appropriation by state. 

5600. Share of state appropriation for agriculture and domestic science education to be 

paid to county adopting this plan. 

5601. County appropriation ; limitations. 

Art. 26. Kindergartens. 

5602. Election as to kindergartens and special tax. 

5603. Qualifications of kindergarten teachers. 

Art. 27, Children at Orphanages. 

5604. Children in orphanages permitted to attend public schools ; expenses. 

5605. County board to provide for expense in budget. 

5606. After six months, tuition fees may be charged. 

Art. 28. Instruction of Illiterates. 

5607. School for adult illiterates ; appropriation. 

5608. Funds provided. 

5609. Expenses of organization and direction. 

Art. 29. Contracts With Private Schools. 

5610. Contract between school committee and teacher of private school. 

5611. Teacher may be paid out of school funds. 

5612. To have certificate and to report. 

5613. County superintendent to employ and dismiss. 

5614. Contract to designate minimum term. 

5615. Limit on amount paid school under contract. 

5616. Aided schools to be public schools. 

5617. Tuition for higher instruction ; adult pay students. 



10 Public School Law of N"ortii Carolina 

Art. 30. Rural Libraries. 
6618. How established. 

5619. Management. 

5620. Donation by state board. 

5621. Books and bookcases. 

5622. Rules by state superintendent. 

5623. Exchange of libraries. 

5624. Enlargement of libraries. 

5625. Limitation on number of libraries. 

5626. New libraries established regardless of previous number with funds previously 

appropriated. 

5627. General appropriations of additional state funds. 

5628. Exclusion of cities and towns from benefits of article. 

Art. 31. School Extension Work. 

5629. Moving pictures for rural communities ; cost. 

5630. State superintendent to supply information and provide for entertainments ; com- 

munity deposit. 

5631. Health and agricultural authorities to cooperate. 

5632. Appropriation. 

SUBCHAPTER V. TEACHERS, TRAINING, CERTIFICATION, EMPLOYMENT, 
DUTIES, AND SALARIES 

Art. 32. State Board of Examiners and Institute Conductors. 

5633. Board constituted ; membership ; terms ; vacancies. 
5G34. Chairman and secretary ex officio. 

5635. Salaries of members. 

5636. Removal of members ; appeal. 

5637. Supervision of teacher-training. 

5638. County teachers' institutes. 

5639. Substitute for two weeks institute authorized. 

5640. Attendance of teachers required ; penalty for failure. 

5641. Separate and joint institutes; negro assistants. 

5642. Schedule of institutes. 

5643. Examinations, accrediting, and certificates. 

5644. Certificate prerequisite to employment. 

5645. Teacher must be eighteen. 

5646. Second and third grade certificates. 

5647. Approval of certificates ; refusal of approval ; appeal and review. 

5648. Certificates heretofore granted ; renewals. 

5649. Temporary and permanent cei'tificates to superintendents and assistants. 

5650. Teachers to be listed July 1, 1917 ; may be certified. 

5651. Questions for examination ; lists printed and distributed. 

5652. Dates for examinations ; special examinations. 

5653. Conduct of examinations ; transmission of papers. 

5654. Temporary local certificates. 

5655. Assistants to board ; stenographer ; printing. 

5656. Employment of persons without certificate unlawful ; appropriation withheld ; salaries 

not paid. 

5657. Classes of first-grade certificates. 

5658. Misdemeanor to tamper with examination questions. 

Art. 33. Teacher's Health Certificate. 

5659. Health certificate required for teachers. 

5660. Violation of article a misdemeanor. 

Art. 34. Employment of Teachers. 

5661. School committee employs and dismisses; hearing befote dismissal. 

5662. Ineligibility of members of committee. 

5663. Committee meeting before employment. 

5664. County superintendent must approve election and sign salary vouchers. 

5665. Limitation on period and amount of teacher's contract. 

Art. 35. Duties of Teachers. 

5666. To maintain order and encourage virtue ; to dismiss pupils. 

5667. Records and reports of teachers. 

Art. 36. Salaries of Teachers. 

5668. Salaries to be paid each class. 

5669. Payment of salaries. 

SUBCHAPTER VL SCHOOL BUILDINGS; LOANS AND BONDS THEREFOR 

Art. 37. Building, Repairinc;, and Contracts for Schoolhouses. 

5670. Contracts for schoolhouses ; county board to pay one-half cost. 



Public School Law of Worth Carolina 11 

Art. 38. Loans for Schoolhouse Building. 

6671. Made by state board from state literary fund. 

5672. Appropriation from loan fund for free plans and inspection of school buildings. 

5673. Terms of loans. 

5674. How secured and paid. 

5675. Loans by county boards to school districts. 

Art. 39. Bonds for Schoolhouses in Counties, Townships, and School District. 

5676. Election upon petition of county board. 

5677. Contents of petition and order of election. 

5678. Limit of amount of bonds. 

5679. Petition for second election. 

5680. Law governing election : ballots. 

5681. Issuance of bonds and levy of special tax. 

5682. County board to sell bonds ; disposal and investment of funds. 

5683. Collection of taxes ; liability of officers. 

Art. 40. Bonds for Schoolhouses in Cities and Towns. 

5684. Authorities to issue bonds. 

5685. Maturity of the bonds ; interest. 

5686. Authentication ; sale of bonds ; exempt from taxation. 

5687. Special tax for payment of interest and principal. 

5688. Bond issue submitted to election. 

5689. Registration for election. 

5690. Application and construction of article. 

SUBCHAPTER VII. TEXT-BOOKS 

Art. 41. Text-book Commission and Subcommission ; Subjects ; Adoption. 

5691. Commission created ; duty. 

5692. Term of office ; powers ; term of contracts. 

5693. Appointment of subcommission ; compensation. 

5694. Oath of subcommissioners. 

5695. Examination of books by subcommission. 

5696. Report of subcommission. 

5697. Opening and filing report. 

5698. Character and requisites of books adopted. 

5699. Selection and adoption of books. 

5700. Exclusive use of books adopted. 

5701. Teacher allowing other books dismissed. 

5702. Provision for purchase when contractor fails to supply. 

5703. Advertisement for bids. 

5704. Form and contents of bids. 

5705. Bids and proposals may be rejected. 

5706. Adoption of manuscripts and unprinted books. 

5707. Commission to deliver sample books to subcommission. 

5708. Adoption of books. 

5709. Award of contract. 

5710. Execution of contract. 

5711. Stipulations in contract. 

5712. Liability of state on contract. 

5713. Power to alter contracts. 

5714. Books must come up to sample. 

5715. Bond of contractor. 

5716. Actions on the bond. 

5717. Deposits by bidders ; return and forfeiture. 

5718. Prices to be printed on books. 

5719. Selling books at greater than contract price misdemeanor. 

5720. Distributing agencies and depositories ; penalty failure to have. 

5721. Contract proclaimed by governor ; notices by slate superintendent. 

Art. 42. High School Text-books. 

5722. Unit of adoption the county. 

5723. State superintendent to prepare list of approved text-books. 

5724. County committee to recommend books. 

5725. Publishers to submit samples with prices to state superintendent. 

5726. State committee on high school text-books ; duties ; reports to state superintendent. 

5727. State superintendent approves list. 

5728. State superintendent contracts with publishers. 

5729. Bond of publishers. 

5730. Text-books adopted for four years ; exceptions. 

5731. Local depositories to sell books ; commission allowed. 

5732. Students removing from county may sell books ; resale. 

5733. State superintendent may make additional rules if necessary. 

5734. Only disinterested persons to act in selection. 

Art. 43. Furnishing Text-books by School Boards. 

5735. Rental of text-books. 

5736. County and local boards to make rules ; to use incidental expense fund. 

5737. Books for indigent children. 



12 Public School Law of I^orth Carolina 

5738. Limitation as to funds ; effect of article. 

5739. State superintendent to inform local school authorities. 

SUBCHAPTER VIII. SCHOOL CENSUS AND HEALTH 

Art. 44. School Census. 

5740. School committee to report annually to county superintendent ; contents of reports. 

5741. County superintendent to furnish blanks ; time for returning report. 

5742. Committee to designate census taker. 

5743. Compensation of census taker. 

5744. Committee to furnish copy to teacher ; teacher to record. 

5745. Committee failing to comply with provisions of article removed. 

5746. Making false returns misdemeanor. 

Art. 45, Physical Examination of Pupils. 

5747. State board of health and state superintendent to make rules for physical examina- 

tion. 

5748. Teachers to make examinations ; state covered every three years. 

5749. Record cards transmitted to state board of health ; punishment for failure. 

5750. Disposition of records ; reexamination of pupils. 

5751. Treatment of pupils ; expenses. 

5752. Free dental treatment ; appropriation. 

Art. 46. School Privies. 

5753. County board to provide privies. 

5754. Payment for privies. 

5755. Time allowed for installation. 

5756. Failure to provide privies a misdemeanor. 

5757. Privies to be kept sanitary. 

SUBCHAPTER IX. COMPULSORY ATTENDANCE ON SCHOOLS 

Art. 47. General Compulsory Attendance Law. 

5758. Parent or guardian required to keep child in school ; exemptions. 

5759. State board of education to make rules and regulations ; method of enforcement. 

5760. Attendance officers ; reports ; prosecutions. 

5761. Violation of law ; penalty. 

5762. Investigation and prosecution by county superintendent and attendance officer. 

Art. 48. Compulsory Attendance of Indigent Children. 

5763. Investigation as to indigency of child. 

5764. Aid to indigent child. 

Art. 49. Compulsory Attendance of Deaf Children. 

5765. Deaf children to attend school ; age limits : minimum attendance. 

5766. Parents, etc., failing to send to school guilty of misdemeanor ; provisos. 

5767. Duties of census taker and county superintendent. 
6768. Fines to school fund. 

Art. 50. Compulsory Attendance of Blind Children. 

5769. Blind children to attend school ; age limits ; minimum attendance. 

5770. Parents, etc., failing to send guilty of misdemeanor ; provisos. 

5771. Duties of census taker and county superintendent. 

5772. Fines to school fund. 

5773. Sheriffs to enforce law. 

5774. Superintendent of school for blind to have free transportation to enforce law. 

SUBCHAPTER X. COMMERCIAL SCHOOLS 

Art. 51. Commercial Schools. 

5775. Licenses for commercial scnools. 

5776. Report to be filed Delore ncense. 

5777. Advertising literature to De filed. 

5778. Conducting school witnout license misdemeanor. 

5779. Blanks for reports and licenses ; disposition of license tax, 

5780. Application of article. 



Public School Law of ^N'orth Carolina 13 

SUBCHAPTER I. APPLICATION OF CHAPTER 

ART. 1. CERTAIN SCHOOLS EXCEPTED AND REGULATED 

5383. Application of chapter. The provisions of this chapter shall not, 
unless the article or section indicates otherwise, apply to any township, city, 
or town now levying a special tax for schools and operating under special 
laws or charters, or to schools operating under a district superintendent in 
accordance with the provisions of section 5431. 

School districts in any city or town which, in accordance with said section 
5431, have employed a district superintendent as provided in the section, are 
hereby continued, and all vacancies in the school committees of such districts 
shall be filled by the county board of education. If such districts comprise 
a township, there shall not be appointed township school committeemen for 
such township, and all apportionments shall be made directly to committees 
of the districts. 

All schools receiving any part of the public school funds shall be under the 
general supervision of the state superintendent of public instruction, and they 
shall be required to make to the state superintendent and to the countj' super- 
intendent such reports as these officers shall demand and as are made to them 
by other public schools. 

Rev., 4029; 1901, c. 4, s. 73; 1903, c. 435, s. 25; 1907, c. 835, s. 1(a). 

SUBCHAPTER 11. ADMIJ^ISTRATIVE ORGAISTIZATION 

ART. 2. THE STATE BOARD OF EDUCATION 

5384. Incorporation and general corporate powers. The governor, lieu- 
tenant-governor, secretary of state, treasurer, auditor, superintendent of pub- 
lic instruction, and attorney-general shall constitute the state board of educa- 
tion, and by the name, the State Board of Education, are created a corpora- 
tion, with the right to sue and be sued, to have a common seal, to take, hold, 
and dispose of property, to make contracts and by-laws ; and it is vested with 
all other powers conferred on corporations under the chapter on corporations, 
so far as such powers are necessary or convenient to the attainment of the 
object of the board or to the performance of its duties. 

Const., Art. IX, ss. 8, 9, 10; Rev., s. 4030; Code, s. 2503; 1881, c. 200; 1903, c. 567, s. 7. 

5385. Succeeds to "President and directors of literary fund of North 
Carolina." The state board of education shall succeed to all the powers and 
trusts of the "President and directors of the literary fund of North Carolina," 
and shall have full power to legislate and make all needful rules and regula- 
tions for the government of the public schools and for the management of the 
state educational fund ; but all such acts, rules, and regulations of the board 
may be altered, amended, or repealed by the general assembly, and when so 
altered, amended, or repealed shall not be reenacted by the board ; and the 
board shall succeed to and have all the property, powers, rights, privileges, and 
advantages wliich in any wise belonged or appertained to the "President and 
directors of the literary fund in North Carolina," and may, in its own name, 
assert, use, apply, and enforce the same. 

Const., Art. IX, s. 10; Rev., s. 4033; Code, s. 2506; 1881, c. 200. s. 4; R. C. c. 66 : R. S , 
cc. 66. 67. 

Note. — As to "state literary fund." see s. 5180. 



14 Public School Law of ISTorth Carolina 

5386. Officers; quorum; meetings; expenses. Of the board, the governor 
shall be president, the superintendent of public instruction shall be secretary, 
and the treasurer of the state shall be treasurer. A majority of the board 
shall constitute a quorum for the transaction of business. The board shall 
hold its meetings in the executive office, and shall meet at such times as a 
majority of the members shall appoint ; but the governor may call a meeting 
at any time. The contingent expenses of the board shall be provided for by the 
general assembly. 

Const., Art. IX, ss. 9, 12, 13 ; Rev., s. 4031 ; Code, s. 2504 ; 1881, c. 200, s. 2. 

5387. Record of proceedings. All the proceedings of the board shall be 
recorded in a well-bound and suitable book, which shall be kept in the office 
of the superintendent of public instruction. 

Rev., s. 4032 ; Code, s. 2505 ; 1881, c. 200, s. 3. 

5388. Reports to general assembly. The state board of education shall 
report to the general assembly the manner in which the state literary fund 
has been applied or invested, with such recommendations for the improvement 
of the same as to it shall seem expedient. 

Rev., s. 4034 ; Code, s. 2507 ; R. C, c. 66, s. 4 ; 1825, c. 1268, s. 2 ; 1903, c. 567, s. 1. 

5389. Investments. The state board of education is authorized to invest 
in North Carolina four per cent bonds or in other safe interest-bearing securi- 
ties, the interest on which shall be used as may be directed from time to time 
by the general assembly for school purposes. 

Rev., s. 4035; 1891, c. 369. 

5390. State treasurer keeps accounts of, and reports to general assembly. 

The state treasurer shall keep a fair and regular account of all the receipts 
and disbursements of the state literary fund, and shall report the same to the 
general assembly at the same time when he makes his biennial account of the 
ordinary revenue. 

Rev., s. 4034; Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 
ART 3. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 

5391. Office at capitol; copies of papers therein. The superintendent of 
public instruction shall keep his office at the seat of government. Copies of 
his acts and decisions and of all papers kept in his office and authenticated 
by his signature and official seal shall be of the same force and validity as the 
original. He shall be furnished with such offices, heat, and stationery as shall 
be necessary for the efficient discharge of the duties of his office. 

Rev., s. 4089; 1900, c. 525. 

5392. Powers and duties. The state superintendent of public instruction 
is empowered and it shall be his duty: 

1. Looks after schools, reports to governor. To look after the school in- 
terests of the state, and to report biennially to the governor at least five days 
previous to each regular session of the general assembly. His report shall 
give information and statistics of the public schools, and recommend such 
changes in the school law as shall occur to him. 

2. Directs schools, enforces and construes school law. To direct the opera- 
tions of the public schools and enforce the laws and regulations in relation 
thereto. The county board of education and all other school officers in the 
several counties shall obey the instructions of the state superintendent and 
accept his constructions of the school law. 



Public School Law of Iv"orth Carolina 15 

3. Receives evidence as to county superintendent's performance of duties. 
To receive evidence as to unfitness or negligence of the county superintendent, 
and when necessary to report it to the county board of education for action. 

4. Sends circular letter to school officers. To send to each school ofBcer a 
circular letter enumerating his duties as prescribed in this chapter. 

5. Investigates other school systems. To correspond with leading educators 
in other states, to investigate systems of public schools established in other 
states, and, as far as practicable, to render the results of educational efforts 
and experiences available for the information and aid of the legislature and 
the state board of education. 

6. Acquaints himself with local educational icants, delivers lectures, etc. To 
acquaint himself with the peculiar educational wants of the several sections of 
the state, and to take all proper means to supply such wants, by counseling 
with county boards of education and county superintendents, by lectures before 
teachers' institutes, and by addresses before public assemblies on subjects 
relating to public schools and public school work. 

7. Travels in connection with loan fund, etc. To go to any county when 
necessary for the due execution of the law creating a permanent loan fund 
for the erection of public schoolhouses. He shall include in his annual reports 
a full showing of everything done under the provisions of the law creating 
such permanent loan fund. 

8. Signs requisitions on auditor. To sign all requisitions on the auditor for 
the payment of money out of the state treasury for school purposes. 

9. Has publications made, etc. To have the school laws published in pam- 
phlet form and distributed on or before the first day of May of each year ; to 
have printed and distributed such educational bulletins as he shall deem neces- 
sary for the professional improvement of teachers and for the cultivation of 
public sentiment for public education ; and to have printed all forms necessary 
and proper for the purposes of this chapter. 

Rev., ss. 4089, 4090, 4091, 4092 ; 1900, c. 525 ; 1901, c. 4, ss. 8, 9 ; 1903, c. 435, s. 1 ; 1903. 
c. 751, ss. 11, 12 ; 1909, c. 525, s. 2. , 

ART. 4. STATE BOARD FOR VOCATIONAL EDUCATION 

5393. State board for vocational education created. There is hereby 
created a state board for vocational education, to consist of four members, as 
follows: the state superintendent of public instruction and three other mem- 
bers, to be appointed by the governor, one to represent agriculture, one to 
represent home conomics, and one to represent trades and industries. The 
terms of office of these members shall be, for one member two years, for one 
member four years, and for one member six years, who shall serve till their 
successors are appointed; and thereafter each member shall be appointed for 
a term of four years. 

1919, cc. 119, s. 3; 131. s. 3. 

5394. Powers and duties of board. The state board for vocational educa- 
tion shall have all necessary authority to cooperate with the federal board 
for vocational education in the administration of the Federal Vocational Edu- 
cational Act, accepted by section 5502 of this chapter ; to administer any legis- 
lation pursuant thereto enacted by the state of North Carolina, and to admin- 
ister the funds provided by the federal government and the state of North 
Carolina under the provisions of section 5503, for the promotion of vocational 
education in agricultural subjects, trade and industrial subjects and homo 



16 Public School Law of N^orth Carolina 

economics subjects. It shall have full authority to formulate plans for the 
promotion of vocational education in such subjects as an essential and integral 
part of the public school system of education in the state of North Carolina, 
and to provide for the preparation of teachers in such subjects. It shall have 
full authority to fix the compensation of such ofiicials and assistants as may 
be necessary to administer the federal act and this article for the state of 
North Carolina, and to pay such compensations and other necessary expenses 
of administration from funds appropriated under section 5503. It shall have 
authority to make studies and investigations relating to vocational education 
in such subjects ; to publish the result of such investigations, and to issue 
other publications as seem necessary by the board; to, promote and aid in 
the establishment by local communities of schools, departments, or classes 
giving instruction in such subjects ; to cooperate with local communities in 
the maintenance of such schools, departments, or classes ; to prescribe qualifi- 
cations for the teachers, directors, and supervisors of such subjects, and to 
have full authority to provide for the certification of such teachers, directors, 
and supervisors ; to cooperate in the maintenance of classes supported and 
controlled by the public for the preparation of teachers, directors and super- 
visors of such subjects, or to maintain such classes under its own direction 
and control ; to establish and determine by general regulations the qualifica- 
tions to be possessed by persons engaged in the training of vocational teachers. 

1919, cc. 119, s. 5; 131, s. 5. 

5395. State superintendent to enforce article. The state superintendent 
of public instruction shall serve as executive officer of the state board for 
vocational education, and shall designate, by and with the advice and consent 
of the board, such assistants as may be necessary to properly carry out the 
provisions of this article. The state superintendent shall also carry into effect 
such rules and regulations as the board may adopt, and shall prepare such 
reports concerning the condition of vocational education in the state as the 
board may require, 

1919, cc. 119, s. 4; 131, s. 4. 

5396. Cooperation of county authorities with state board; funds. The 

county board of education, board of county commissioners, or the board of 
trustees of any county or city system may cooperate with the state board for 
vocational education in the establishment of vocational schools or classes 
giving instruction in agricultural subjects, or trade or industrial subjects, or 
in home economics subjects, and may use moneys raised by public taxation 
in the same manner as moneys are used for other public school purposes : 
Provided, that nothing in this article shall be construed to repeal any appro- 
priations heretofore made by any of said boards for said purposes. 

1919, cc. 119, s. 6; 131, s. 6. 

5397. Report to governor. The state board for vocational education 
shall make a report annually to the governor, setting forth the conditions of 
vocational education in the state, a list of the schools to which federal and 
state aid have been given, and a detailed statement of the expenditures of 
federal funds and the stat,e funds provided for in section 5503. 

1919, cc. 119, s. 8; 131, s. 8. 



Public School Law of IN'oeth Caeolln^a 17 

ART. 5. COLLEGE COMMISSION REGULATING DEGREES 

5398. Right to confer degrees restricted. No educational institution 
liereafter created or established by any person, firm or corporation in this 
state shall have power or authority to confer degrees upon any person except 
as herein provided. 

1919, c. 264, s. 1. 

5399. College commission created; investigations. A college commission 
is hereby created consisting of the state superintendent of public instruction, 
ex officio chairman, and four others to be appointed by the governor, to hold 
oflace for a term of five years or until their successors are appointed. The 
persons so appointed shall meet upon the call of the governor and adopt rules 
of procedure for the commission. Institutions described in the preceding sec- 
tion shall not have power to confer degrees until the merits of the application 
from an educational standpoint have been passed upon by the commission. 

1919, c. 264, s. 2. 

5400. Commission empowered to grant license to confer degrees. The 

commission herein created is authorized to issue its license to confer degrees 
in such form as it may prescribe to any educational institution hereafter estab- 
lished by any person, firm, or corporation in this state ; but no educational 
institution hereafter established in the state shall be empowered to confer 
degrees unless it has income sufficient to maintain adequate faculty and equip- 
ment sufficient to provide adequate means of instruction in the arts and 
sciences ; and unless its baccalaureate degree is conferred only upon students 
who have completed a four-year college course, preceded by the usual four- 
year high school course, or their equivalent. 

1919, c. 264, s. 3. 

5401. Inspection of institution; revocation of license. All institutions 
chartered under this article shall file such information with the state super- 
intendent of public instruction as the commission may direct, and the com- 
mission shall have full authority to send an expert to visit any institution 
applying for a license to confer degrees under this article. And if any one 
of them shall fail to keep up the required standard the commission shall 
revoke the license to confer degrees, subject to a right of review of this 
decision by the judge of the superior court upon action instituted by the edu- 
cational institution whose license had been revoked. 

1919. c. 264, s. 4. 

ART. 6. THE COUNTY BOARD OF EDUCATION 

5402. Incorporation; general powers. The county board of education in 
each county shall consist, except as herein otherwise provided, of three men, 
elected by the general assembly from those men nominated as is hereinafter 
provided, and shall be a body corporate by the name and style of the County 

Board of Education of County. By that name it shall be capable 

of purchasing and holding real and personal estate, of building and repairing 
schoolhouses, of selling and transferring the same for school purposes, and of 
prosecuting and defending suits for or against the corporation. 

Rev., ss. 4119. 4121 ; 1901. c. 4. s. 13. 



18 Public School Law of I^orth Carolina 

5403. Local variation as to number of members of county boards. The 

county boards of education of Alamance, Bertie, Burke, Caswell, Camden, 
Chatham, Cherokee, Columbus, Cumberland, Durham, Franklin, Gates, Hay- 
wood, Hyde, Jackson, Macon, Mecklenburg, Pamlico, Person, Richmond, Rock- 
ingham, Surry, and Union counties shall each consist of five members. 

1919, cc. 184, s. 2; 315, s. 1. 

5404. Nominations by county primaries; elections by general assembly. 

In all the counties of the state there shall be nominated in the year one thou- 
sand nine hundred and twenty, and biennially thereafter, at the party pri- 
maries or conventions, at the same time and in the same manner as that in 
which other county officers are nominated, a candidate or candidates, by each 
political party of the state, for member or members of the county board of 
education to take the place of the member or members of said board whose 
term next expires. The names of the persons so nominated in such counties 
shall be duly certified by the chairman of the county board of elections within 
ten days after their nomination is declared by said county board of elections, 
to the secretary of state, who shall transmit the names of all persons so 
nominated, together with the name of the political party nominating them, to 
the next session of the general assembly within ten days after it convenes. 
It shall be the duty of the general assembly to elect or appoint one or more 
of the candidates so nominated as a member or members of the county board 
of education for such county. Upon failure of the general assembly to elect 
or appoint members as herein provided such failure shall constitute a vacancy 
which shall be filled by the state board of education. The term of office of 
each member shall begin on the first Monday of July of the year in which he 
is elected, and shall continue until his successor is elected and qualified. 

Rev., s. 4119; 1917, c. 74, ss. 1, 2; 1919, c. 315. 

5405. County board of elections to provide for nominations. The county 
board of elections, under the direction of the state board of elections, shall 
make all necessary provisions for such nominations as are herein provided for. 

1917, c. 74, s. 4. 

5406. Members to qualify. Those persons who shall be elected members 
of the county board of education by the general assembly must qualify by 
taking the oath of office on or before the first Monday in July next succeeding 
their election. A failure to qualify within that time shall constitute a vacancy. 
Those persons elected or appointed to fill a vacancy must qualify within thirty 
days after notification thereof. A failure to qualify within that time shall 
constitute a vacancy. 

Rev., s. 4120; 1919, c. 315, s. 2. 

5407. Vacancies in nominations. If any candidate shall die, resign, or 
for any reason become ineligible or disqualified between the date of his nomi- 
nation and the time for the election by the general assembly of the member 
or members of the county board of education for the county of such candidate, 
the vacancy caused thereby may be filled by the action of the county executive 
committee of the political party of such candidate. 

1917, c. 74, s. 2. 

5408. Vacancies in office. All vacancies in the membership of the board 
of education in such counties by death, resignation, or otherwise shall be filled 
by the remaining members of said county board of education until the meeting 



Public School Law of !N"orth Carolina 19 

of the next regular session of the general assembly, and then for the residue 
of the unexpired term by that body. If the vacancy to be filled by the general 
assembly in such cases shall have occurred before the primary or convention 
held in such county, then and in that event nominations for such vacancies 
shall be made in the manner hereinbefore set out, and such vacancy shall be 
filled from the candidates nominated to fill such vacancy by the party pri- 
maries or convention of such county. All vacancies that are not filled by the 
remaining members of the board under the authority herein contained within 
thirty days from the occurrence of such vacancies, shall be filled by appoint- 
ment by the state board of education. 

1917, c. 74, s. 3; 1919, c. 315, s. 1. 

5409. Eligibility for the office. No person shall be eligible as a member 
of the county board of education who is not known to be a man of intelligence, 
of good moral character, of good business qualifications, and heartily in favor 
of public education. No person while actually engaged in teaching in the 
public schools or engaged in teaching in or conducting a private school in con- 
nection with which private school there is in any manner conducted a public 
school, shall be eligible as a member of the county board of education except 
the county superintendent of education. 

Rev., s. 4119; 1909, c. 525, s. 5; 1919, cc. 106, 315, s. 1. 

5410. Meetings of board; duties thereat. The county board of education 
shall meet on the first Monday in January, April, July, and October, and 
may, if necessary, continue in session two days ; and it may have called meet- 
ings, of one day each, as often as once a month, if the school business of the 
county requires it. It shall, at the meetings in January, April, July, and 
October, examine the books and vouchers and audit the accounts of the treas- 
urer of the county school fund. The boards of education of the several coun- 
ties shall cause to be published annually on the first Monday in August, in 
some newspaper published in the county, or at the courthouse door, if there 
be no newspaper published therein, or in the printed annual school report 
of the county, an itemized statement of all receipts and expenditures of school 
funds. 

Rev., s. 4133 ; 1891, c. 460 ; 1901, c. 4, s. 27 ; 1903, c. 435, s. 26 ; 1905, c. 533, s. 21 ; 1911, 
c. 135; 1913, c. 149. 

5411. July meeting with county superintendent and treasurer; business 
thereat. On the first Monday in July the county board of education, county 
superintendent of public instruction, and treasurer shall meet at the oflBce of 
the board and settle all. the business of the preceding fiscal year. The board 
shall on that day examine the reports of treasurer and county superintendent, 
and, if found correct, shall direct them to be forwarded to the state superin- 
tendent within thirty days thereafter. 

Rev., s. 4134; 1901. c. 4, s. 59; 1903, c. 435, s. 20; 1907, c. 835, s. 1 (g). 

5412. Powers; school control. 1. The county board of education shall 
have general control and supervision of all matters pertaining to the public 
schools in their respective counties, and are given the powers to execute and 
are charged with the due excution of the school laws in their respective 
counties. 

2. The county board of education shall have power and authority to fix and 
determine the method of conducting the public schools in their respective 
counties, so as to furnish the most advantageous method of education avail- 



20 Public School Law of North Carolina 

able to the children attending the public schools in the several counties of 
the state. 

3. The time of opening and closing the public schools in the several public 
school districts of the state shall be fixed and determined by the county board 
of education in their respective counties. The board may fix different dates 
for opening the schools in different townships, but all the schools of each 
township must open on the same date, as nearly as practicable. 

4. The board and the county superintendent of public instruction shall have 
full power to make all just and needful rules and regulations governing the 
conduct of teachers and pupils as to attendance on the schools, discipline, 
tardiness, and the general government of the schools. 

5. The county board of education shall have power to investigate and pass 
upon the moral character of any teacher in the public schools of the county, 
and to dismiss such teacher, if found of bad moral character ; also to investi- 
gate and pass upon the moral character of any applicant for a teacher's cer- 
tificate or for employment as a teacher in any public school in the county. 
Such investigation shall be made after written notice of not less than ten 
days to the person whose character is to be investigated. 

6. All powers and duties conferred and imposed by this chapter and other 
laws of the state respecting public schools which are not expressly conferred 
and imposed upon some other official are conferred and imposed upon the 
county boards of education. 

Rev., ss. 4122, 4123, 4125, 4127; 1901, c. 4, ss. 14, 15; 1903, c. 435, s. 4. 
Note. — For the power of the board as to the formation of and changes in school districts, 
see this chapter, art. 10. 

5413. Power to permit pupils to attend high school of adjoining county. 

The board of education of any county may, upon such terms as it may deem 
just, permit pupils entitled to attend a public high school in the county to 
attend a public high school of an adjoining county in all respects as if such 
high school were located in the county whose high schools such pupils are 
entitled to attend, when it appears that such permission can be given in 
justice to the schools and will be in the interest of justice and economy, 

1917, c. 211. 

5414. Powers; removing county school officials. In case the state super- 
intendent shall have sufficient evidence at any time that any county super- 
intendent of public instruction or any member of the county board of educa- 
tion is not capable of discharging or is not discharging the duties of his office, 
as required by this chapter, or is guilty of immoral or disreputable conduct, 
he shall report the matter to the county board of education, which shall hear 
evidence in the case ; and if, after careful investigation, it shall find sufficient 
cause for his removal, it shall declare the office vacant at once and proceed 
to elect his successor. Either party may appeal from the decision of the 
county board of education to the state board of education, which shall have 
full power to investigate and review the decisions of the county board of 
education. This section shall not deprive any county superintendent of the 
right to try his title to his office in the courts of the state. In case the county 
superintendent shall have sufficient evidence at any time that any member 
of any school committee is not capable of discharging or is not discharging 
the duties of his office, he shall bring the matter to the attention of the county 
board of education, which shall thoroughly investigate the charges, and shall 
remove such committeeman and appoint his successor, if sufficient evidence 



Public School Law of Xokth Caeoli:n^a 21 

shall be produced to warrant his removal and the best interests of the schools 
demand it. 

Rev., s. 4126; 1901, c. 4, ss. 10, 42. 

5415. Powers ; building and contracting for new schoolhouses. The build- 
ing of all new schoolhouses shall be under the control and direction of and 
by contract with the county board of education. The board shall pay not 
over one-half of the cost of the same out of the fund set aside for building, 
under section 5487 of this chapter, and the school district in which any school- 
house is erected shall pay the other part, and upon failure of any district to 
provide its part by private subscription or otherwise, the board is directed 
to take it out of the apportionment to that district ; but the board shall not 
be authorized to invest any money in any new house that is not built in 
accordance with plans approved by the state superintendent. All contracts 
for buildings shall be in writing, and all buildings shall be inspected, received, 
and approved by the county superintendent of public instruction before full 
payment is made therefor. 

Rev., s. 4124; 1903, c. 435, s. 4. 

5416. Powers; school property. 1. The county board of education may 
receive any gift, grant, donation, or devise made for the use of any school 
within its jurisdiction. 

2. The county board of education or the board of trustees of any incor- 
porated or chartered school district may receive suitable sites for schoolhouses 
or school buildings by donation, may acquire such sites by purchase or by 
condemnation. In case of purchase, the county board of education or any 
board of trustees, as aforesaid, shall issue an order on its treasurer for the 
purchase money, and upon payment of the order the title to the site shall vest 
in the corporation in fee simple. Whenever the boards above mentioned are 
unable to obtain a suitable site for a school or school building by gift or 
purchase, such board shall report to the county superintendent of public 
instruction, who shall, upon five days notice to the owner or owners of the 
land, apply to the clerk of the superior court of the county in which the land 
is situated for the appointment of three appraisers, who shall lay off by metes 
and bounds not more than two acres, and shall assess the value thereof. The 
same means may be used to obtain more land in a district where there is a 
house or a site previously obtained, but not more than three acres shall be 
procured, including the site already obtained. They shall make a written 
report of their proceedings, to be signed by them, or by a majority of them, 
to the clerk within five days of their appointment, who shall enter the same 
upon the records of the court. The appraisers and oflicers shall serve without 
compensation. If the report is confirmed by the clerk, the chairman and the 
secretary of the board shall issue an order on the treasurer of the county 
school fund, or, if a graded school district, upon the treasurer of the graded 
school district, in favor of the owner of the land thus laid off, and upon the 
payment, or offer of payment, of this order the title to such land shall vest 
in fee simple in the corporation. Any person aggrieved by the action of the 
appraisers may appeal to the superior court in term, upon giving bond to 
secure the board against such costs as may be incurred on account of the 
appeal not being prosecuted with effect. If the lands sought to be condemned 
hereunder, or any part of said lands, shall be owned by a nonresident of the 
state, before the clerk shall appoint appraisers therefor, notice to such non- 



22 Public School Law of N^orth Carolina 

resident owners shall be given of such proceeding to condemn, by publication 
for thirty days in some newspaper published in the county, and if no news- 
paper is published in the county, then by posting such notice at the courthouse 
door and three other public places in the county for the period of thirty days. 
3. When in the opinion of the board any schoolhouse, schoolhouse site, or 
other public school property has become unnecessary for public purposes, it 
may sell the same at public auction, after advertisement of twenty days at 
three public places in the county, or at a private sale. 

Rev., ss. 4121, 4130, 4131 ; 1901, c. 4, ss. 13, 81, 36 ; 1903, c. 435, s. 13 ; 1905, c. 533, s. 8 ; 
1911, c. 135; 1913, c. 149, s. 1 (b) ; Ex. Sess. 1913, c. 39, s. 1. 

5417. Powers; suits and actions. 1. The county board of education shall 
institute all actions, suits, or proceedings against oflBcers, persons, or cor- 
porations, or their sureties, for the recovery, preservation, and application of 
all moneys or property which may be due to or should be applied to the sup- 
port and maintenance of the schools, except in case of a breach of his bond 
by the treasurer of the county school fund, in which case action shall be 
brought by the county commissioners as is hereinafter provided. 

2. In all actions brought in any court against a county board of education 
for the purpose of compelling the board to admit any child or children who 
have been excluded from any school, by the order of the board, the order or 
action of the board shall be presumed to be correct, and the burden of proof 
shall be on the complaining party to show to the contrary. 

Rev., ss. 4121, 4125; 1901, c. 4, s. 13; 1903, c. 435, s. 4; 1915, e. 238, s. 1. 

5418. Power to subpoena and to punish for contempt. The board shall 
have power to issue subpoenas for the attendance of witnesses. Subpoenas 
may be issued in any and all matters which may lawfully come within the 
powers of the board and which in the discretion of the board require investi- 
gation ; and it shall be the duty of the sheriffs, coroners, and constables to 
serve such subpoenas upon payment of their lawful fees. 

The county board of education of each county shall have power to punish, 
for contempt for any disorderly conduct or disturbance tending to disrupt it 
in the transaction of official business. 

Rev., ss. 4127, 4128; 1901, c. 4, ss. 15, 28. 

5419. Witness failing to testify misdemeanor. Any witness who shall 
wilfully and without legal excuse fail to appear before the county board of 
education to testify in any matter under investigation by the board, shall be 
guilty of a misdemeanor, and fined not more than fifty dollars or imprisoned 
not more than thirty days. 

Rev., s. 3840; 1901, c. 4, s. 15. 

5420. Appeals to board from county officers. An appeal shall lie from 
all county school officers to the county board of education, and such appeals 
shall be regulated by rules to be adopted by the county board of education. 

Rev., ss. 4125, 4127 ; 1901, c. 4, s. 15. 

5421. Superior court to review board's action. The superior courts of 
the state may review any action of the county board of education affecting 
one's character or right to teach. 

Rev., s. 4127 ; 1901, c. 4, s. 15. 

5422. Deeds to property purchased. All deeds to the county board of 
education shall be registered and delivered to the clerk of the superior court 



Public School Law of J^orth Carolina 23 

for safe-keeping, and the secretary of the county board of education shall keep 
an index, by township and school districts, of all such deeds in a book for 
that purpose. 

Rev., s. 4132; 1901, c. 4, s. 32; 1903, c. 435, s. 14. 

5423. Deeds to property sold. The deed for property sold shall be exe- 
cuted by the chairman and secretary of the board, and the proceeds of the 
sale shall be paid to the treasurer of the county school fund. 

Rev., s. 4130; 1901, c. 4, s. 36. 

ART. 7. COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION 

5424. Election; term of office. The county superintendent of public in- 
struction shall be elected by the county board of education on the first Mon- 
day in July, one thousand nine hundred and five, and biennially thereafter. 
He shall hold his office for a term of two years from the date of his election 
and until his successor is elected and qualified. The county board of educa- 
tion shall provide the county superintendent with an office at the county-seat, 
in the county courthouse if possible. 

Rev., ss. 4135, 4139; 1907, c. 835, s. 1 (1). 

5425. Eligibility. The county superintendent shall be at the time of his 

election a practical teacher, and must secure before assuming the duties of the 
office a superintendent's certificate under the rules and regulations of the 
state board of examiners as provided for in article thirty-two of this chapter. 
He shall be a man of good moral character and of liberal education, and shall 
otherwise be qualified to discharge the duties of his office as required by law, 
due regard being given to experience in teaching. 

Rev., s. 4135; 1919, c. 254, s. 5. 

Note. — For the certification required of county superintendents, see this chapter, s. 5657. 

5426. Not to teach; to reside in county. Every county superintendent 
shall reside in the county of which he is superintendent. It shall not be 
lawful for him to teach a school while the public schools of his county are in 
session ; but the state board of education may, for good and sufficient reason, 
permit a county superintendent to so teach. 

Rev., s. 4138; 1901, c. 4, s. 44. 

5427. To take oath of office. The county superintendent of public in- 
struction, before entering upon the duties of office, shall take oath for the 
faithful performance thereof. 

Rev., s. 4088; 1901, c, 4, s. 45. 

5428. Vacancies. In case of vacancy by death, resignation, or otherwise, 
in the office of county superintendent, such vacancy shall be filled by the 
county board of education. 

Rev., s. 4135. 

5429. Election reported to state superintendent. Immediately after the 
election of the county superintendent of public instruction the chairman of 
the county board of education shall report to the state superintendent of 
public instruction the name, address, experience, and qualifications of the 
person elected ; and the person elected shall report to the state superintendent, 
as soon as he shall have qualified, the date of such qualification. 

Rev., s. 4136; 1901, c. 4, s. 16; 1903, c. 435. s. 5. 

5430. Joint appointment in adjoining counties. Any county whose total 
school fund does not exceed fifteen thousand dollars may unite with any 



24 Public School Law of N"orth Carolina 

adjoining county, and by agreement between the county boards of education 
of the two counties, meeting in joint session, may employ a county superin- 
tendent who shall devote his entire time to supervising impartially the educa- 
tional work of the counties thus employing him. The agreement between the 
two county boards thus jointly employing one county superintendent, as to 
the apportionment of his salary and expenses, the division of his time and all 
other essential details, shall be recorded in the minutes of the board of educa- 
tion of each county. 

Rev., s. 4135; 1913, c. 149, s. 1 (d). 

5431. Joint employment by districts in cities and towns. By and with 
the consent of the county board of education, the school committees of two 
or more contiguous districts in any city or town may, by a majority vote of 
the committee in each district, employ a practical teacher, who shall be known 
as the superintendent of the public schools of such districts, and he shall 
perform all the duties of the county superintendent of public instruction as 
to such districts, and shall make to the county superintendent all reports that 
may be necessary to enable him to make his reports to the state superin- 
tendent. 

Rev., s. 4137; 1889, c. 199, s. 47; 1901, c. 4, s. 74. 

Note. — For application of this chapter to schools operating under this section, see s. 5383. 

5432. Advises with teachers; may suspend teachers. It shall be the duty 
of the county superintendent to advise with the teachers as to the best methods 
of instruction and school government, and to that end he shall keep himself 
thoroughly informed as to the progress of education in other counties, cities, 
and states. He shall have authority to correct abuses, and to this end he may, 
with the concurrence of a majority of the school committee, suspend any 
teacher who may be guilty of any immoral or disreputable conduct or may 
prove himself incompetent to discharge efficiently the duties of a public school 
teacher or who may be persistently neglectful of such duties. 

Rev., s. 4141. 

. 5433. Administe(rs oaths to teachers and school officials. The county 
superintendent of public instruction shall have authority to administer oaths 
to teachers and all subordinate school officials where an oath is required of 
the same. 

Rev., s. 4135; 1911, c. 135, s. 1 (b). 

5434. Must visit schools. The county superintendent shall be required to 
visit the public schools of his county while in session, and shall inform him- 
self of the condition and needs of the various schools within his jurisdiction. 

Rev., s. 4141. 

5435. Holds teachers' meetings. The county superintendent shall hold 
each year not less than one teachers' meeting in each township, which the 
teachers shall be required to attend. If necessary, not exceeding three school 
days may be set apart for this purpose. 

Rev., s. 4140; 1901, c. 4, s. 38; 1903, c. 435, s. 17; 1919, c. 254, s. 6. 

5436. Attends meetings of state and district associations of superintend- 
ents. Unless providentially hindered, he shall attend continuously during its 
session the annual meeting of the state association of county superintendents, 
and the annual meeting of the district association of county superintendents, 
and the county board of education of his county shall pay out of the county 



Public School Law of J^orth Carolina 25 

school fund his traveling expenses, including board, and allow him his per 
diem while attending such meeting; but county superintendents employed on 
salary shall not receive any per diem while in attendance on such meeting. 

Rev., s. 4141; 1911, c. 135, s. 1 (c). 

5437. Looks after fines, forfeitures, and penalties. The county superin- 
tendent shall look after all fines, forfeitures, and penalties, see that the same 
are placed to the credit of the school fund, and report the same to the county 
board of education. 

Rev., s. 4139; 1901, c. 4, s. 36. 

5438. Is secretary to county board. The county superintendent shall be 
ex officio the secretary of the county board of education. He shall record all 
proceedings of the board, issue all notices and orders that may be made by 
the board pertaining to the public schools, schoolhouses, sites, or districts 
(which notices or orders it shall be the duty of the secretary to serve by mail 
or by personal delivery, without cost). He shall also record all school statis- 
tics. The records of the board and the county superintendent shall be kept 
In the office provided for that purpose by the board. 

Rev., s. 4139; 1901, c. 4, s. 36. 

5439. Distributes blanks and books. It shall be the duty of the county 
superintendent to distribute to the various school committees of his county 
all such blanks as may be furnished by the state superintendent of public 
instruction for reports of school statistics of the several districts ; also blanks 
for teachers' reports and for orders on the treasurer of the county school fund 
for teachers' salaries. He shall also distribute to the school committees school 
registers for their respective districts and necessary record books ; he shall 
advise with the committee as to the best methods of gathering the school 
statistics contemplated by such blanks, and by all proper means shall seek to 
have statistics fully and properly reported. 

Rev., s. 4142; 1901, c. 4, s. 40. 

5440. Provides for committee's reports on deaf, dumb, and blind children. 

It shall be the duty of the county superintendent to require of the school com- 
mittees, in enumerating the number of school children, to make a statement 
in the report of the number of deaf and dumb and blind children between the 
ages of six and twenty-one years, designating the race and sex, and the 
address of the parent or guardian of such children ; and the county superin- 
tendents are hereby required to furnish such information to the principals 
of the deaf and dumb and blind institutions ; and the superintendent of public 
instruction, in preparing blanks for reports required to be made to him, shall 
include questions th^ answers to which will furnish the information required 
by this section. 

Rev., s. 4144; 1901, c. 4, s. 43. 

5441. Reports monthly to county board. The county superintendent is 
required to make at the end of each calendar month during the year a brief 
report to the county board of education, setting forth a statement of his work 
and activities and of the educational progress in the county for the month. 
This report shall be made on blanks prepared and furnished by the state 
department of public instruction, and a copy of each monthly report shall be 
sent to the state superintendent of public instruction. 

Rev., 8. 4141 ; 1917. c 285, s. 2. 



26 Public School Law of I^orth Carolina 

5442. Reports annually to state superintendent; contents of report. On 

or before the first Monday in July of each year, it shall be the duty of each 
county superintendent to report to the state superintendent of public instruc- 
tion an abstract statement of the number, grade, race, and sex of the teachers 
examined and approved by him during the year; also the number of public 
schools taught in the county during the year for each race, the number of 
children of school age in each school district, the number enrolled in each 
school district, the average daily attendance in each district, by race and sex, 
and the number of all persons in the county between the ages of twelve and 
twenty-one who cannot read and write. He shall also report, by race and 
sex, the number of pupils enrolled in all the schools, their average attendance, 
the average length of terms of the schools, and the average salary for the 
teachers of each race ; the number of school districts for each race, and any 
new school districts laid out during the year shall be specified in his report. 
He shall also report the number of public schoolhouses and the value of the 
public school property for each race, the number of teachers' institutes held, 
the number of teachers attending such institutes, together with suggestions 
as may occur to him promotive of the school interest of the county. He shall 
record in his book an accurate copy of such report. 

Rev., s. 4143; 1901, c. 4, s. 41. 

5443. Removal for nonperformance of duties. If any county superintend- 
ent fail or refuse to perform any of the duties required of him by this chap- 
ter, he shall be subject to removal from his office by the county board of educa- 
tion upon the complaint of the state superintendent of public instruction. 

Rev., s. 4143; 1901, c. 4, s. 41. 

ART. 8. THE TREASURER OF THE COUNTY SCHOOL FUND 

5444. County treasurer is. The county treasurer of each county shall be 
the treasurer of the school funds in his county. 

Rev., s. 4152; 1901, c. 4, s. 46. 

5445. Bond. Before entering upon the duties of his office the treasurer 
shall execute a justified bond, with security, in an amount to be fixed by the 
board of county commissioners, not less than the moneys received by him or 
his predecessor during the previous year, conditioned for the faithful per- 
formance of his duties as treasurer of the county school fund, and for the 
payment over to his successor in office of any balance of school moneys that 
may be in his hands unexpended. This bond shall be a separate bond, not 
including liabilities for other funds, and shall be approved by the board of 
county commissioners ; and that board may from time to time, if necessary, 
require him to strengthen his bond. 

Rev., s. 4152; 1901, c. 4, ss. 46, 47. 

5446. Action on bond, state on relation of county commissioners. The 

board of county commissioners shall bring action in the name of the state 
upon the relation of the board for any breach of the bond of the treasurer 
of the county school fund, and on its failure to bring such action it may be 
brought in the name of the state upon the relation of any taxpayer. 

Rev., s. 4153; 1901, c. 4, s. 47. 

5447. Receives and disburses school funds. The treasurer shall receive 
and disburse all public school funds, and shall keep the same separate and 
distinct from all other funds. 

Rev., s. 4152; 1901, c. 4. s. 46. 



Public School Law of J^orth Carolina 27 



5448. Keeps account of receipts; receives only money. The treasurer 
shall keep a book in which shall be entered a full and detailed account of all 
public school moneys received by him, the name of each person paying him 
school money, the source from which the same may have been derived, and 
the date of such payment. When the sheriff or other collecting officer pays 
over money to him, he shall designate the items, and these items shall be 
stated in the receipts given by the treasurer. In his settlement with the 
sheriff or other collecting officer of public school funds the treasurer shall 
receive money only. 

Rev., ss. 4154, 4158; 1901, c. 4, ss. 52, 56. 

5449. Keeps account with each township and district. It shall be the 
duty of the treasurer of the county school fund to keep a book in which he 
shall open an account with each school district, showing the amount appor- 
tioned to such district. He shall record all payments of school money, giving 
the date, the amount, the person to whom paid, and for what purpose paid. 
He shall balance the account of each district annually on the thirtieth of June, 
and shall report by letter or printed circular, within ten days thereafter, such 
balances to the county board of education and to the school committee. 

Rev., s. 4157; 1901, c. 4, s. 49; 1919, c. 254, s. 10. 

5450. Disbursements. Every order for the payment of a teacher's salary, 
for building, repairs, school furnishing, or for the payment of money for any 
purpose whatsoever, before it shall be a valid voucher for the county treasurer, 
shall be signed first by at least two members of the school committee, then 
by the county superintendent. No order shall be signed by the county super- 
intendent for more money than is to the credit of that district for the fiscal 
year, nor shall he endorse the order of any teacher who does not produce a 
certificate as required by law. The treasurer shall not pay any money for 
building or repairing any schoolhouse unless the site on which it is located 
has been donated to or purchased by the county board of education and the 
deed for the same regularly executed and delivered to such board and pro- 
bated and registered in the office of the register of deeds for the county and 
delivered to the clerk of the superior court, to be by him safely deposited with 
his valuable official papers and surrendered to his successor in office. The 
treasurer of the county school fund shall, on the last Saturday of each month, 
attend at his office for the purpose of paying school orders, but this shall not 
prevent the paying of orders at other times. 

Rev., ss. 4155, 4156; 1901, c. 4, ss. 48, 58. 

5451. Annual report to state superintendent. The treasurer of any 
county, town, or city school fund shall report to the state superintendent of 
public instruction on the first Monday of August of each year the entire 
amount of money received and disbursed by him during the preceding school 
year, designating by items the amounts received, respectively, from property 
tax, poll tax, liquor licenses, fines, forfeitures, and penalties, auctioneers, 
estrays, from the state treasurer and from other sources. He shall also 
designate by item the sum paid to teachers of each race, respectively, the 
sums paid for schoolhouses, school sites in the several districts, and for all 
other purposes, specifically and in detail, by item. 

Rev., 8. 4158; 1901, c. 4, ss. 51, 56; 1913, c. 149, s. 1 (i). 

5452. Report to county board. On the same date that he reports to the 
state superintendent he shall file a duplicate of such report in the office of 



28 Public School Law of IS^orth Carolina 

the county board of education. He shall make such other reports as the 
county board may require from time to time. 

Rev., s. 4158; 1901, c. 4, ss. 51, 56. 

5453. Exhibit books, vouchers, and money to county board. The treas- 
urer of the county school fund shall, when required by the county board of 
education, produce his books and vouchers for examination, and shall also 
exhibit all moneys due the public school fund of the county at such settlement 
required by this article. 

Rev., s. 4160; 1901, c. 4, s. 50. 

5454. Duties on expiration of term. Each treasurer of the county school 
fund, in going out of office, shall deposit in the office of the board of education 
of his county his books in which are kept his school accounts, and all records 
and blanks pertaining to his office. If his term expires on the thirtieth day 
of November during any fiscal school year, or if for any reason he shall hold 
office beyond the thirtieth day of November and not for the whole of the cur- 
rent fiscal school year, he shall at the time he goes out of office file with the 
county board of education and with his successor a report, itemized as re- 
quired by law, covering the receipts and disbursements for that part of the 
fiscal school year from the thirtieth of June preceding to the time at which 
he turns over his office to his successor, and his successor shall include in his 
report to the state superintendent the receipts and disbursements for the 
current fiscal year. 

Rev., s. 4159; 1901, c. 4, ss. 57, 58. 

5455. Where treasurer's office abolished, banks, etc., to report. In all 

counties in which the office of county treasurer has been abolished all banks 
or other corporations handling the public school funds shall be required to 
make all reports required of the treasurer of the county school fund. 

1915, c. 236, s. 1. 

5456. Treasurers of school fund failing to report a misdemeanor. If any 

treasurer of the county, town, or city school fund shall fail to make reports 
required of him at the time and in the manner prescribed, or to perform any 
other duties required of him by law, he shall be guilty of a misdemeanor, and 
be fined not less than fifty dollars and not more than two hundred dollars, 
or imprisoned not less than thirty days, nor more than six months, in the dis- 
cretion of the court. 

Rev., s. 3839; 1901, c. 4, s. 53; 1913, c. 149, s. 2. 

ART. 9. SCHOOL COMMITTEE 

5457. Membership; appointment. There shall be in each township a 
school committee, consisting of three persons, appointed by the county board 
of education in succession to the school committeemen appointed by the county 
board on the first Monday in July, nineteen hundred and thirteen. The county 
board at its meeting on the first Monday in July of each year shall appoint 
one member of the school committee in place of the member whose term has 
just expired. 

But this provision shall not affect those counties wherein, on the first Mon- 
day in July, nineteen hundred and thirteen, the county board elected school 
committeemen by school districts and not by townships, and, in the case of 
such counties, the successors to school committeemen may, as their terms 
expire, be elected by districts. 

Rev., s. 4145; 1913, c. 149, s. 1 (e). 



Public School Law of North Carolina 29 

5458. Term of office. The term of office of each school committeeman 
continues three years and until his successor is duly appointed and qualified. 

Rev., s. 4145; 1913, c. 149, s. 1 (e). 

5459. Oath of office. Each school committeeman before entering on the 
duties of office shall take oath for the faithful performance thereof. 

Rev., s. 4088; 1901, c. 4. s. 45. 

5460. Vacancies. If a vacancy shall occur at any time by death, resigna- 
tion, or otherwise, the county board shall fill such vacancy. 

Rev., s. 4145. 

5461. Eligibility. Each school committeeman shall be a man of intelli- 
gence, of good moral character, and of good business qualifications, and known 
to be in favor of public education. 

Rev., s. 4145 ; 1913, c. 149, s. 1 (e) ; 1917, c. 285, s. 3. 

5462. Compensation of members. The county board has the power to 
pay to each member of the township committee one dollar per day for not 
more than four days per annum ; but committeemen elected for school districts 
shall serve without compensation. The township committee shall be paid for 
taking the census at the rate of two cents per name, and may be paid each 
one dollar per day for not exceeding four days each year for such additional 
services as may be rendered by the committee in the discharge of their legal 
duties. 

Rev., s. 4145; 1909, c. 769, s. 1. 

Note. — For compensation of census taker, see s. 5743. 

5463. Organization of committee. The school committee, within twenty 
days after their election, shall meet and elect from their number a chairman 
and secretary, and shall keep a record of their proceedings in a book to be 
kept for that purpose. The name and address of the chairman and secretary 
shall be reported to the county superintendent and recorded by him. 

Rev., s. 4146; 1901, c. 4, s. 18. 

5464. Powers as to school property. The school committee shall be in- 
trusted with the care and custody of all schoolhouses, schoolhouse sites, 
grounds, books, apparatus, or other public school property in the township, 
with full power to control the same, as they may deem best for the interest 
of the public schools and the cause of education. Every township committee 
shall appoint one man in each school district in the township to look after 
the schoolhouse and property and advise with the committee. 

Rev., ss. 4145, 4147; 1901, c. 4, s. 19. 

5465. Lease of school grounds in cities or towns to municipalities for 
park purposes. The board of trustees of the schools of any incorporated 
city or town may, in their discretion, lease the school grounds within the 
corporate limits of the city or town to the proper city or town authorities for 
use as a public or municipal park during such period of the year as the same 
are not used for school purposes; and all money derived therefrom shall be 
used and accounted for by said school trustees exclusively for the maintenance 
of the public graded or high schools of such city or town. 

1917, c. 102, s. 4. 

5466. Powers; purchase of supplies. The committee shall have authority 
to purchase the supplies necessary for conducting the schools and for repairs. 



30 Public School Law of J^orth Carolina 

to an amount not to exceed in the aggregate the sum of twenty-five dollars 
In any one year for each school; but nothing in this section shall be so con- 
strued as to give school committees the right to make expenditures without 
the order of the county board. No committee shall give an order unless the 
money to pay it is actually to the credit of the district, and no part of the 
school fund for one year shall be used to pay school claims for any previous 
year. 

Rev., ss. 4149, 4150 ; 1901, c. 4, ss. 21, 34, 35 ; 1903, c. 435, s. 16 ; 1905, c. 533, s. 19. 

5467. Keeps record of receipts, expenditures, and contracts. The school 
committee for each township or district shall keep a book in which shall be 
recorded an itemized statement of all moneys apportioned to, received, and 
expended by them for each school, and a copy of all contracts made by them 
with teachers. 

Rev., s. 4149. 

5468. Reports to board on schoolhouses and school property. The school 
committee shall report to the county superintendent, who in turn shall report 
to the county board of education, the number of public schoolhouses and the 
value of all public school property for each race, separately. 

Rev., s. 4148; 1915, c. 236, s. 1 (f). 

ART. 10. SCHOOL DISTRICTS 

5469. County board divides territory into school districts. The county 
board of education shall divide the townships, or the entire county or any 
part of the county, into convenient school districts, as compact in form as 
practicable. It shall consult the convenience and necessities of each race in 
setting the boundaries of the school district for each race. 

Rev., s. 4129; 1917, c. 285, s. 1. 

5470. May be formed of portions of contiguous townships. Nothing in 
this chapter shall prevent the board, whenever it shall deem it necessary for 
the good of the public schools, from forming a school district out of portions 
of two or more contiguous townships. 

Rev., s. 4129. 

5471. By agreement formed of portions of contiguous counties. School 

districts may be formed out of portions of contiguous counties by agreement 
and consent of the county boards of education of the two counties. In case 
of the formation of such districts, the per capita part of the public school 
money due the children residing in one county shall be apportioned by the 
county board of education of that county and paid to the treasurer of the 
other county in which the schoolhouse is located, to be placed to the credit 
of the school district so formed. 

Rev., s. 4129. 

5472. Limitations on creation of new districts. The county board shall 
establish no new school in any township within less than three miles, by the 
nearest traveled route, of some school already established in that township. 
It shall not create any school district with less than sixty-five children of 
school age, unless such district shall contain at least twelve square miles or 
shall be separated by dangerous natural barriers from a schoolhouse in the 
district of which the proposed new district is a part. In no case shall any 
new district or school be established under this article if the number of schools 



Public School Law of ISTorth Carolina 31 

or districts existing January first, one thousand nine hundred and nineteen, 
is increased thereby. 

Rev., 4129 ; 1909, c. 856, s. 1 ; 1919, c. 254, s. 12. 

5473. Redistricting and consolidating. The county board of education is 
hereby authorized and empowered to redistrict the entire county or any part 
thereof and to consolidate school districts wherever and whenever in its judg- 
ment the redistricting or the consolidation of districts will better serve the 
educational interests of the township, or the county, or any part of the county. 

Rev., s. 4129; 1917. c. 285. s. 1. 

5474. Changing boundaries. The county board of education of any 
county is authorized and empowered to change the boundary lines between 
local-tax school districts, urban and rural, and to consolidate such districts 
in that county upon satisfactory evidence furnished to the board that the con- 
venience and best interests of the residents of the district require the change. 
A change in boundaries made under this authority shall not have the effect of 
releasing any taxpayer from the obligation of paying his school taxes, but 
shall only transfer the taxpayer and his property from one local-tax district 
to another. 

Rev., s. 4129 ; 1911, c. 135, s. 1 ; 1917, c. 285, s. 5. 

5475. Provision for transportation of pupils in consolidated districts. 

Upon the consolidation of two or more school districts into one by the county 
board of education, the said county board is authorized and empowered to 
make provision for the transportation of pupils in that consolidated district 
that reside too far from the schoolhouse to attend without transportation, 
and to pay for the same out of the apportionment to that consolidated district. 
The daily cost of transportation per pupil shall not exceed the daily cost per 
pupil of providing a separate school in a separate district for said pupils. 

Rev., s. 4129; 1911, c. 135, s. 1 (a). 

5476. Interchange of pupils by counties. County boards of education of 
any two contiguous counties are authorized to transfer children from a school 
district of one county to the adjacent school district in the other county for 
the convenience of the children transferred, and to arrange by agreement for 
reasonable compensation out of the county school fund of the county from 
which such transfers are made, to be placed to the credit of the school district 
in the other county in which the children transferred attend school. 

Rev., s. 4129; 1911, c. 135, s. 1; 1917, c. 285, s. 5. 

5477. Credits on tuition to nonresidents whose children attend in district. 

Any parent or person in loco parentis residing outside of any special-tax dis- 
trict, urban or rural, chartered or otherwise, and owning property within 
said district whose child, children, or wards shall attend school in said dis- 
trict, shall be entitled to receive as a credit on the tuition of said child, chil- 
dren, or wards the amount of special school taxes paid on said property. 

1915. c. 93. 

5478. Enlargement of graded school districts in towns. Any graded 
school district in an incorporated city or town may be enlarged so as to include 
territory situate outside of and contiguous to the corporate limits of such city 
or town in the manner herein provided. 

1. Election upon petition hy school authorities. Upon the written petition 
of a majority of the members of the school committee or board of trustees of 
such graded school district, which petition shall describe the boundaries of 



32 Public School Law of JSTorth Carolina 

the territory to be included, and which shall be indorsed by the county board 
of education, the board of county commissioners shall order an election to be 
held in the new territory to be so included. 

2. Law governing election. The election so ordered shall be held in the man- 
ner and form provided by law for elections for the establishment of special 
school tax districts. 

3. Effect of election. In case a majority of the qualified voters in the new 
territory shall vote at such election in favor of a special tax of the same rate 
as that authorized and collected in the graded school district to which the 
said territory is contiguous, then the said territory shall be added to and 
become a part of the said graded school district ; and in case a majority shall 
vote against said tax the district shall not be so enlarged. 

4. Transfer of persons living contiguous into district. Upon written petition 
of one or more inhabitants whose property is contiguous to said special char- 
tered or local tax district, the county board of education may transfer such 
individual or individuals to said district, and there shall be levied upon the 
property and poll of each individual so transferred the same tax as is levied 
upon other property and polls of said district. 

5. Levy and collection of tax. Upon the enlargement of the graded school 
district as provided herein there shall be levied and collected annually in the 
new territory a special tax, which tax shall not exceed that levied and col- 
lected in the original graded school district. This tax shall be levied and col- 
lected by the county authorities in the same manner provided for the collec- 
tion of other taxes. 

6. Tax to school funds. Upon the collection of such tax it shall be placed 
to the credit of the committee or trustees of the said graded school district 
so enlarged. 

1917, c. 104; 1919, c. 254, s. 17. 

5479. Incorporation and boundaries of graded school districts. Every 
graded school district in this state which is situated entirely within the cor- 
porate limits of an incorporated city or town containing no other graded 
school district in whole or in part, and which, by reason of changes made in 
the corporate limits of such city or town after the establishment of such 
graded school district, is not coterminous with such city or town, is hereby 
made coterminous with such city or town. Every graded school district in 
this state is hereby incorporated and authorized to adopt a corporate seaL 
The name of such corporation shall be the name by which such school district 
is linown. 

1919, c. 143. 

SUBCHAPTER III. REYEE^TJE : SOURCES A^D 
APPORTIO^'MENT 

ART. 11. STATE PUBLIC SCHOOL FUND 

5480. State literary fund. All funds of the state heretofore derived from 
the sources enumerated in section four, article nine of the state constitution, 
and all funds that may be hereafter so derived, together with any interest 
that may accrue thereon, shall be a fund separate and distinct from the other 
funds of the state, to be known as the State Literary Fund. 

Rev., s. 4093; 1901, c. 4, s. 4 ; 1903, c. 567, s. 1. 

Note. — From the state literary fund appropriations are made for loans to counties for 
schoolhouses, etc., and in consequence the fund is sometimes called "State Loan Fund." See 
sec. 5672. 



Public School Law of N'okth Cakolina 33 

5481. The state public school fund. There shall be annually levied and 
collected a tax of thirty-two cents on every hundred dollars valuation of 
taxable property in the state for the maintenance of the public schools of the 
state, and the funds derived therefrom shall be a separate fund in the hands 
of the state treasurer to be known as The State Public School Fund, and the 
treasurer shall, on the first day of December of each year, certify to the state 
board of education the amount of the funds derived or to be derived from 
said tax for that school year. 

1919, c. 102, s. 1. 

5482. Apportionment of state public school fund. Out of the state public 
school fund the state board of education shall apportion annually to each 
county of the state, on or before the first day of January of every year, a 
sum suflicient to pay one-half the annual salary of the county superintendent 
and three months salary of all teachers of all sorts employed in the public 
schools of the county, including the teachers of city, town, township, and all 
special chartered schools, and one-third the annual salary of all city superin- 
tendents : Provided, that no part of this fund shall be used to pay the salaries 
of teachers who receive appropriations from other state funds. 

1919, c. 102, s. 2. 

5483. Reduction of special county and district taxes. The board of county 
commissioners of any county or any other governing body having authority, 
upon petition signed by a majority of the school committeemen of any local 
tax district and approved by the county board of education, or upon petition 
signed by a majority of the school committeemen of any specially chartered 
school district, shall reduce the special tax levy in said local tax district or 
specially chartered school district: Provided, the reduction shall not be 
greater than the increase in the tax rate in that particular district that will 
result because of the operation of this article. 

The county commissioners of any county, upon petition of a majority of the 
county board of education, shall reduce any special county school tax levy 
that has been voted on the county : Provided, such reduction shall not be 
greater than the increase that will result because of the operations of this 
article. 

1919, c. 102, s. 3. 

5484. Manner of payment. Upon requisition of the state superintendent 
of public instruction the state auditor shall issue his warrant upon the state 
treasurer, payable to the treasurer of the county school fund, for the appor- 
tionment made under this article to each county. The state treasurer is 
required to pay such warrant promptly upon presentation by the treasurer 
of the county school fund and, if necessary, to borrow in the name of the 
state the funds needed for such payments: Provided, that after the school 
year 1919-1920 the county board of education shall submit to the state board 
of education, together with the county budget, a certificate from the state tax 
commission to the effect that the property of said county has been assessed 
in accordance with the provisions of law. 

1919, c. 102, s. 4. 

5485. County board to submit budget to state superintendent; special 
county tax for six months term. On or before the first Monday of November 
of each year the county board of education shall submit to the state board of 

3 



34 Public School Law of North CAEOLiisrA 

education, on blanks furnished by the state superintendent of public instruc- 
tion, its county school budget for the ensuing year. The county board of edu- 
cation shall further make oath that adequate provision has been made as 
required under this article for a six months school term in every school 
district of the county, including city or town public schools, the rate of special 
county school tax levied therefor, and the aggregate fund derived or to be 
derived therefrom. No county shall receive any part of the funds appro- 
priated by the state under this article until it has levied the special county 
school tax herein required of it for a six months school term in every school 
district. 

1919, c. 102, s. 5. 

5486. County commissioners to levy required tax for six months school 
term. On or before the first Monday in May of each year the county board 
of education shall submit an itemized county school budget to the county 
commissioners, setting forth the amount of money needed to maintain the 
public schools of the county six months for the succeeding school year. Such 
budget shall also set forth the number of teachers, both white and colored, 
employed in each district and the salary fixed for each teacher, and such 
other information as may be required by the state superintendent of public 
instruction in the blanks to be furnished by him to each county board of 
education. The budget shall be sworn to and subscribed by the chairman 
of the county board of education and the county superintendent of schools. 
A copy thereof shall also be filed in the office of the state superintendent of 
public instruction. It shall then be the duty of the board of county commis- 
sioners, after deducting the amount to be received from the state public school 
fund, to levy annually a special tax on all property, real and personal, and 
on all taxable poUb, subject to the constitutional limitation of the poll tax, 
in said county, sufficient to supply the deficiency shown by the budget to be 
needed for the support and maintenance of the public schools of said county 
for six months in each school district. Such tax shall be annually levied and 
collected at the same time and in the same manner as other county taxes are 
levied and collected, and the funds derived therefrom, together with other 
school funds in their hands, shall be apportioned and expended by the county 
board of education for maintaining one or more public schools in each school 
district for a term of six months in each year : Provided, that no county shall 
be compelled to levy a special county tax of more than thirty-five cents on 
every one hundred dollars valuation of property, real and personal, and a 
corresponding tax on every taxable poll for said purpose, except as provided 
in the next succeeding section ; and after every county has levied and collected 
the special county tax to the limit stated above, if the funds derived there- 
from may be insufficient therefor, the county shall receive from the state 
public school fund an apportionment sufficient to bring the school term in 
every school district to six months. 

1919, c. 102, s. 6. 

5487. Incidental expense fund. All poll tax, fines, forfeitures, penalties, 
and all public school revenues, other than that derived from the state public 
school fund and the special county tax, shall be placed to the credit of the 
incidental expense fund and the building fund, as provided in the budget, and 
if this amount is insufficient for these funds, the county board of education 
may provide in the county school budget for an additional amount not to 



Public School Law of JSTorth Carolina 36 

exceed twenty-five per cent of the teachers' salary fund, and the county tax 
may be increased sufficiently beyond the maximum levy of thirty-five cents 
to provide this amount if it shall appear necessary to the county board of 
education and the county commissioners. 

1919, c. 102, s. 7. 

5488. Procedure in case of disagreement or refusal of county commis- 
sioners to levy school tax. In the event of a disagreement between the 
county board of education and the board of county commissioners as to the 
amount to be provided by the county for the maintenance of a six months 
school term, and as to the rate of tax to be levied therefor, or in the event 
of the refusal of any board of county commissioners to levy said tax, the 
county board of education shall bring action in the nature of a mandamus 
against the board of county commissioners to compel the levying of such 
special tax under the provisions of the article entitled Mandamus of the chap- 
ter on Civil Procedure. And it shall be the duty of the judge hearing the 
same to find the facts as to the amount needed and the amount available 
from the sources herein specified, which findings shall be conclusive, and to 
give judgment requiring the county commissioners to levy the sum which he 
finds necessary to maintain the schools for six months in every school district 
in the county. Any board of county commissioners failing to obey such order 
and to levy the tax shall be guilty of a misdemeanor and shall be prosecuted 
therefor in the superior court. 

1919, c. 102, s. 8. 

5489. Consolidation of districts; elimination of small schools. The appor- 
tionment of the state public school fund shall be administered so as to 
encourage consolidation of districts and the elimination of small schools or 
small districts, and the state board of education may refuse to apportion any 
part of the fund to any school or district having an average daily attendance 
of less than fifteen pupils or to any new school or district created since Janu- 
ary first, one thousand nine hundred and nineteen, if the number of districts 
or the number of separate schools in a county has been increased thereby : 
Provided, that no district shall be abolished if the geographical conditions are 
such that the children of the district cannot be annexed to some adjoining 
district without seriously limiting the educational opportunities of the chil- 
dren of the district. 

1919, c. 102, s. 9. 

5490. Requirements necessary to receive state fund. No school shall be 
entitled to receive an apportionment from the state public school fund or 
from the county school fund of any county for more than one teacher, except 
as follows: In a school where, during the preceding school year, except in 
case of an epidemic, the average number of children attending such school 
daily was not less than thirty pupils, funds may be apportioned for paying 
the salaries of two teachers ; and in a school where, during the preceding 
school year, the average number of children attending such school daily was 
not less than sixty-five pupils, funds may be apportioned for paying the 
salaries of three teachers ; and in schools where, during the preceding school 
year, the average number of children attending daily was not less than ninety- 
five pupils, funds may be apportioned for paying the salaries of four teachers ; 
and in a school where, during the preceding school year, the average number 
of children attending such school daily exceeded ninety-five pupils, funds may 



36 Public School Law of Worth Carolina 

be apportioned for one additional teacher for each thirty additional pupils 
in average daily attendance in the school: Provided, that for the encourage- 
ment of high school instruction the state superintendent of public instruction 
may formulate rules and regulations that will permit the payment of salaries 
to high school teachers having a smaller attendance of pupils per teacher than 
that specified in this section. 

1919, c. 102, s. 10. 

5491. Appropriations for superintendent of colored normal school, board 
of examiners, rural libraries. The salary and expenses of the superintend- 
ent of the state colored normal school, one thousand five hundred dollars ; the 
salaries and expenses of the state board of examiners and institute con- 
ductors, twenty-five thousand dollars ; the biennial appropriation for the 
rural libraries, seven thousand five hundred dollars, which have heretofore 
been appropriated from the state equalizing fund, shall be appropriated from 
the state public school fund. 

1919, c. 102, s. 11. 

5492. Appropriation for teacher training. There shall be set aside an- 
nually from the state public school fund a sum not exceeding fifty thousand 
dollars for promoting teacher training in the several counties, for the improve- 
ment of teachers now in service, and for the better supervision of rural 
schools. The state board of education is authorized to reserve annually out 
of this appropriation an amount not to exceed five hundred dollars, to be paid 
out upon requisition of the state superintendent of public instruction in defray- 
ing part of the necessary expense incurred in connection with the supervision 
and inspection of public high schools. 

1917. c. 285, s. 4 ; 1919, cc. 102, s. 12 ; 254, s. 20. 

ART. 12. COUNTY SCHOOL BUDGET AND TAXES 

5493. County school budget required; contents. On or before the first 
Monday in May of each year the county board of education of each county 
shall prepare a school budget, which shall set forth the amount of money 
necessary to maintain the public schools of said county for six months in 
every school district for the succeeding school year. The county budget shall 
provide three separate school funds: (1) a teachers' salary fund; (2) an 
incidental expense fund ; and (3) a building fund. 

The budget for both the regular county schools and the specially chartered 
schools shall be made on blanks supplied by and in accordance with the direc- 
tions of the state superintendent of public instruction, and it shall be unlawful 
for any part of the teachers' salary fund to be used for any other purpose 
than that specified in the budget, after it has been approved by the state board 
of education. 

1919, c. 114, s. 1. 

5494. Teacher's salary fund; basis of estimate. In estimating the 
amount necessary for the teachers' salary fund, the county board shall take 
as a basis for the year 1919-1920 the monthly salaries of the teachers of every 
school of said county for the year 1918-1919, and shall increase that amount 
for each school as follows, subject to such exceptions as may hereafter appear : 
(a) For teachers holding elementary certificates not less than twenty-five per 
cent increase ; ( & ) primary and grammar certificates not less than fifteen per 
cent increase; (c) high school certificates ten per cent increase; (d) prin- 



Public School Law of J^orth Carolina 37 

cipals' certificates not less than ten per cent increase; (e) all superintendents 
of county and city schools an increase of not less than ten per cent. 

The salary of each teacher holding a second grade certificate shall not be 
greater than forty-five dollars per month. 

Nothing in this section shall make it compulsory upon the county board of 
education to fix the monthly salaries of the teachers for any school larger 
than the following: (a) For inexperienced teachers, a salary not larger than 
the average salary of 1918-1919 of the teachers in the county holding the same 
grade certificates ; ( 5 ) for teachers of successful experience of two or more 
years holding elementary certificates, sixty -five dollars per month; (c) special 
primary and grammar grade certificates, seventy dollars per month; (d) high 
school certificates, seventy-five dollars per month; (e) principals of elementary 
schools of three teachers or more, one hundred dollars per month ; (/) prin- 
cipals of high schools, one hundred and twenty-five dollars per month; and 
the apportionment from the state public school fund shall be made upon this 
salary basis. 

A teacher holding a certificate of one class and teaching in another class 
of work shall be paid according to the class of work done, and not according 
to the class of certificate held. 

The county board of education may in its discretion fix a salary schedule, 
not inconsistent with this article, based upon successful teaching experience 
and professional study ; and nothing in this article shall operate against in- 
creasing the salary of teachers out of special tax funds. 

If any school closed in 1918-1919 on account of the influenza, or for other 
causes, the salary or salaries that would have been paid to the teachers of 
that school if it had been in session shall be the basis upon which to calculate 
the fund for that school subject to such increase as provided for the teachers 
of that school. 

In no case shall the salary of any teacher be reduced by the operations of 
this section. 

1919, c. 114, s. 2. 

5495. Incidental expense fund; basis of estimate. The incidental expense 
fund shall provide fuel, janitors, school supplies, insurance, rent, professional 
study, special supervision of all sorts, and all administration expenses other 
than the salary of the county superintendent. The amount of this fund shall 
be derived by ascertaining the incidental expenses of the specially chartered 
schools for two-thirds of the annual expenses of the year 1918-1919, and the 
amount for the regular county schools for tv/elve months for the year 1918- 
1919, with an addition of ten per cent of these two amounts, which may be 
set aside as a special contingent fund for expenses not otherwise provided for. 
After deducting the contingent fund, the expense of the county superintendent, 
traveling expenses and per diem of the county board of education, and the 
fees or salary of the county treasurer from the total incidental expense fund, 
the per cent of the remainder that shall be apportioned to the special chartered 
school shall be the same as the per cent of the teachers' salary fund appor- 
tioned to said specially chartered school. 

1919, c. 114. s. 3. 

5496. Building fund; estimate. A building fund not to exceed twenty-five 
per cent of the total teachers' salary fund for the entire county may be set 
aside each year to be used in erecting school buildings, additions to buildings, 



38 Public School Law of I^orth Carolina 

dormitories, teachers' residences, repayment of loans to the state loan fund, 
sinking fund, permanent improvements, and other necessary buildings, and 
the per cent of this fund that shall be apportioned to the specially chartered 
schools shall be the same as the per cent of the teachers' salary fund appor- 
tioned to said specially chartered school. 

1919, c. 114, s. 4. 

5497. Lists of fines and penalties filed with county boards of education. 

The clerks of all state and municipal courts, justices of the peace, and the 
clerks or other officials having in custody the records of any city or town in 
the state shall furnish to the county board of education of their respective 
counties, on the first Monday of July and January of each year, a detailed 
statement of fines, forfeitures, and penalties which go to the school fund, 
that have been imposed or which have accrued, this information to be fur- 
nished on blanks prepared by the state department of public instruction. 

Rev., s. 4108; 1901, c. 4, s. 62; 1913, c. 149, s. 1 (h). 

5498. Tax lists to have separate columns for school taxes. The auditor 
shall include, on the form which he furnishes to the board of county commis- 
sioners and on which the tax lists are to be made out, separate columns for 
school poll tax and school property tax, and for special county and district 
taxes on property and polls. In one of these columns shall be written the 
total poll tax levied by the state and by the county authorities for schools, 
and due by the taxpayer. In the other column shall be written the total 
property tax levied by the state and by the county authorities, and due by 
the taxpayer. 

Rev., s. 4109; 1901, c. 4, s. 60; 1907, c. 835, s. 1 (d). 

5499. Register to furnish abstracts of lists to county board. The register 
of deeds shall furnish to the county board of education, as soon as the tax 
lists are made out, an abstract of such lists, showing in separate columns the 
total amount of poll tax on such lists, and also the total amount of property 
tax thereon, and also in another column the amount of special county and 
district poll taxes, and in a separate column the amount of special county 
and district property taxes; and shall furnish such other information from 
his office as the county board of education may require. 

Rev., s. 4110; 1901, c. 4, s. 61; 1907, c. 835, s. 1 (e). 

5500. Sheriflf's liability, civil and criminal, for failure to settle school tax. 

The sheriff of each county shall pay annually, in money, to the treasurer of 
the county school fund, on or before the thirty-first day of December of each 
year, the whole amount for school purposes collected by both state and county, 
less his lawful commission for collecting the same, and such sum as may be 
allowed on account of insolvents for the current year; and on failing to do 
so shall be liable to an action on his official bond for his default in such sum 
as will cover such default, such action to be brought to the next ensuing term 
of the superior court in the name of the state upon the relation of the board 
of county commissioners. The sheriff shall furnish to the county board of 
education at the time of his settlement with the county treasurer as provided 
in this section a complete itemized copy of such settlement, which shall con- 
tain a list of all insolvent polls, releases, errors, and rebates allowed him by 
the county board of commissioners. In making settlement with the treasurer, 
the sheriff or tax collector shall make separate account of insolvents and 
delinquents allowed, whether on property or capitation tax. The county 



Public School Law of North Carolina 39 

superintendent shall make copies of the fines and penalties reported by justices 
of the peace and reported to the clerk of superior court and file the same 
with the county board. 

Rev., s. 4111 ; Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20 ; 1919, c. 254, s. 3. 

5501. Fiscal school year. The fiscal school year shall begin on the first 
day of July and close on the thirtieth day of June next succeeding. 

Rev., s. 4118; 1901, c. 4, s. 67. 

ART. 13. FEDERAL AND STATE COOPERATION 

5502. Acceptance of benefits of federal vocational education act. The 

state of North Carolina hereby accepts all of the provisions and benefits of 
an act passed by the senate and house of representatives of the United States 
in congress assembled, entitled "An act to provide for the promotion of voca- 
tional education, to provide for cooperation with the states in the promotion 
of such education in agriculture and the trades and industries ; to provide for 
cooperation with the states in the preparation of teachers of vocational sub- 
jects ; and to appropriate money and regulate its expenditure," approved 
February twenty-third, nineteen hundred and seventeen. 

1917, cc. 95, 270 ; 1919, cc. 119, s. 1 ; 131, s. 1. 

5503. State appropriation equal to federal appropriation. The state of 
North Carolina appropriates out of the state public school fund a sum of 
money for each fiscal year equal to the maximum sum which may be allotted 
to the state of North Carolina from the federal treasury, under the provisions 
of the Smith-Hughes Act, namely, for the fiscal year ending June thirtieth, 
nineteen hundred and twenty, sixty-seven thousand, four hundred and fifty- 
two dollars and forty-nine cents ; for the fiscal year ending June thirtieth, 
nineteen hundred and twenty-one, eighty-one thousand, three hundred and six 
dollars and eighteen cents : Provided, that none of this state appropriation 
shall be used to match federal funds in schools of less than college grade 
receiving other state funds for the promotion of the teaching of vocational 
subjects: Provided further, that only such portion of above state appropria- 
tion shall be used as may be absolutely necessary to carry on the work out- 
lined in section 5394 and to meet the federal requirements. 

1919, cc. 102, s. 13; 119, s. 7; 131, s. 7. 

5504. State treasurer authorized to receive and disburse vocational edu- 
cation fund. The state treasurer is hereby designated and appointed cus- 
todian of all moneys received by the state from the appropriation made by 
said act of congress, and he is authorized to receive and to provide for the 
proper custody of the same, and to make disbursement thereof in the manner 
provided in the said act and for the purpose therein specified. He shall also 
pay out moneys appropriated by the state of North Carolina for the purpose 
of carrying out the provisions of article 4 of this chapter upon the order of 
the state board for vocational education. 

1919, cc. 119, s. 2; 131, s. 2. 

ART. 14. SPECIAL COUNTY SCHOOL TAX 

5505. Election upon petition of county board of education. Upon the 
petition of the county board of education of any county the county commis- 
sioners may order an election to be held in the county to ascertain the will 



40 Public School Law of ISTorth Carolina 

of the people whether there shall be levied on all taxable property and polls 
in the county a special tax, not to exceed thirty cents on the one hundred 
dollars valuation of property and ninety cents on each poll, to supplement 
the county school fund of the county. 

1911, c. 71, s. 1. 

5506. Rules governing election. The election shall be conducted for the 
county as nearly as may be under the same rules and regulations governing 
district special school-tax elections. 

1911, c. 71, s. 2. 

5507. Levy and collection in county. In case a majority of the qualified 
voters at said election shall vote in favor of the tax, the same shall be annu- 
ally levied and collected in the same manner and at the same time as the 
other taxes of the county are levied and collected. 

1911, c. 71, s. 3. 

5508. Reduction of special local tax levy in district. In case a majority 
of the qualified voters at said election in the county shall vote in favor of the 
special tax the board of county commissioners shall ascertain the sentiment 
of the voters in any existing special-tax district as to whether or not they 
desire to retain all or any part of the existing special tax in any special-tax 
district, and the county commissioners shall reduce the annual special levy 
of such district by an amount not exceeding the special levy provided for the 
county under this article. 

1919, c. 254, s. 16. 

5509. Subsequent elections upon failure of first. In case a majority of 
the qualified voters at said election in any county shall fail to vote for said 
special tax, on petition of a majority of the members of the county board of 
education of the county, the county commissioners may, after thirty days 
notice, order an election in any subsequent year after the first election for the 
same purpose and under the same regulations as the first election herein pro- 
vided for in any or all of the townships of the county that shall have failed 
to carry said special tax in the former election. 

1911, c. 71, s. 6. 

5510. Payment of election expenses. The expense of holding said elec- 
tion shall be paid out of the county school fund of the county. 

1911, c. 71, s. 7. 

ART. 15. SPECIAL HIGH SCHOOL TOWNSHIP TAX 

5511. Election upon petition of freeholders. In any township, upon peti- 
tion of one-fourth of the freeholders of the township, approved by the county 
board of education, the board of county commissioners, after thirty days 
notice at the courthouse door and three public places in the township, shall 
hold an election to ascertain the will of the people within the township 
whether there shall be levied in said township a special annual tax of not 
less than ten cents nor more than thirty cents on the one hundred dollars 
valuation of property, and not less than thirty cents nor more than ninety 
cents on each poll, in addition to all other taxes levied for all other purposes, 
to be used for the establishment of a central high school or high schools in 
said township, in case such special tax is voted. 

Rev., s. 4113; 1905, c. 533, s. 13. 



Public School Law of I^orth Carolina 41 

5512. Rules governing election; tickets. The board of county commis- 
■sioners shall appoint a registrar and order a new registration for said town- 
ship, and the election shall be held under the law governing general elections, 
^s nearly as may be, and the expenses of such election shall be paid out of 
the general county school fund. At said election those who are in favor of 
the levy and collection of said tax shall vote a ticket on which shall be printed 
or written the words "For High School Tax," and those who are opposed shall 
vote a ticket on which shall be printed or written the words "Against High 
School Tax." 

Rev., s. 4113; 1905, c. 533, s. 13. 

5513. Levy and collection. In case a majority of the qualified voters at 
said election are in favor of said tax, then so much of the tax on property and 
polls herein provided for as in the judgment of the committee may be neces- 
sary shall be annually levied and collected in the manner prescribed for the 
levy and collection of other taxes. 

Rev., s. 4113; 1905, c. 533, s. 13. 

5514. Money to be expended by high school committee. All moneys levied 
under the provisions of this article shall, upon collection, be placed by the 
treasurer of the county school fund to the credit of the township high school 
committee, composed of three members, appointed by the county board of 
education, and shall be expended exclusively by said committee in establishing 
and maintaining one or more high schools in said township, under such rules 
and regulations as to its conduct and such course or courses of study as shall 
be prescribed by the state superintendent of public instruction. 

Rev., s. 4113; 1905, c. 533, s. 13. 

5515. Powers, duties, and qualifications of committee. The powers, 
duties, and qualifications of the committeemen provided for in the preceding 
section shall be similar to those of other school committeemen, and they shall 
have the same power to apportion the funds so raised as is conferred upon 
the county board of education for apportionment of the general fund among 
the schools of the township. 

Rev., s. 4113; 1905, c. 533, s. 13. 

5516. School may be established without special tax. Township high 
schools may be established without the levying of a special township high 
school tax where the public funds are suflScient for that purpose, under such 
rules and regulations as to organization and course of study as the state 
superintendent of public instruction may prescribe. 

Rev., s. 4113; 1905, c. 533, s. 13. 

5517. Elementary branches may be taught; other funds may be appor- 
tioned. The provisions of this article shall not be so construed as to prevent 
the teaching of the elementary branches in such high schools as may be estab- 
lished, nor so construed as to prevent the county board of education from 
making such apportionment of public school funds to such high schools as 
they may deem equitable and just. 

Rev., s. 4113; 1905. c. 533, s. 13. 

5518. High school subjects may be taught in public schools. High school 
subjects may be taught in all public schools employing more than one teacher, 
according to such rules and regulations as to organization and course of study 
as shall be prescribed by the state superintendent of public instruction, where 



42 Public School Law of I^okth Carolina 

the public funds are sufficient to provide for such teaching; but the high 
school branches taught in such schools shall not interfere with the thorough 
teaching of the elementary branches. 

Rev., s. 4113; 1905, c. 533, s. 13. 

ART. 16. SPECIAL CITY OR TOWN TAX 

5519. Election upon petition of freeholders. In every incorporated city 
or town in which there is not now levied a special tax for schools, upon 
a petition signed by one-fourth of the freeholders therein, the board of alder- 
men or town commissioners of such city or town shall, at the date of the 
municipal or general election next ensuing, upon the presentation of the peti- 
tion, order an election to be held to ascertain the will of the people whether 
there shall be levied in such city or town a special annual tax of not more 
than thirty cents on the one hundred dollars valuation of property and ninety 
cents on the poll to supplement the public school fund in such city or town. 

Rev., s. 4114; 1901, c. 4, s. 71. 

5520. Rules governing election; tickets. The election shall be held in the 
different election precincts or wards under the law governing municipal or 
general elections in such cities or towns. At the election those who are in 
favor of the levy and collection of the tax shall vote a ticket on which shall 
be printed or written the words "For Special Tax," and those who are opposed 
shall vote a ticket on which shall be printed or written the words "Against 
Special Tax." 

Rev., s. 4114; 1901, c. 4, s. 71. 

5521. Levy and collection. In case a majority of the qualified voters at 
the election is in favor of the tax, the same shall be annually levied and col- 
lected in such city or town in the manner prescribed for the levy and collec- 
tion of other city or town taxes. 

Rev., s. 4114; 1901, c. 4, s. 71. 

5522. Money to be expended by city or town school committee. All 

moneys levied under the provisions of this article shall, upon collection, be 
placed to the credit of a city or town school committee, composed of not less 
than five nor more than seven members, to be appointed by the board of alder- 
men or town commissioners for such city or town, and shall be, by such com- 
mittee, expended exclusively upon the public schools in the city or town ; and 
there shall be but one school district in the city or town, in which there may 
be established one or more schools for each race. The school committee shall 
apportion the money in such manner as in its judgment will equalize school 
facilities. 

Rev., s. 4114; 1901, c. 4, s. 71. 

ART. 17. SPECIAL TAX IN SCHOOL DISTRICTS CONTAINING CITIES 

OR TOWNS 

5523. Election upon petition; conduct of election; result; use of power. 

In any graded school, public, or high school district, which iucludes an incor- 
porate city or town, upon the written petition of one-third of the qualified 
voters of the district for an election to be held, upon the question of levying 
an additional special annual tax to an amount specified in the petition with 
the approval of the school trustees of the' district, such election shall be 



Public School Law of ^okth Carolina 43 

ordered by tlie board of aldermen or other governing body of the incorporated 
city or town, in case the district is confined exclusively to such city or town, 
or by the board of county commissioners, in case the district includes also a 
part of the county not embraced within the city or town. 
- Such election shall be ordered, advertised, and held in the same manner as 
is now or may be hereafter provided by law for municipal or general elections 
where the same is entirely within the corporate limits of the city or town ; but 
where the said election is for a district that includes, in addition, any portion 
of the county not within the corporate limits of the city or town, then the said 
election shall be ordered, advertised, and held in the same manner as is now 
or may be hereafter provided by law for election of members of the general 
assembly. At such election those who favor the levy and collection of said 
tax shall vote a ballot on which shall be written or printed the words "For 
Special School Tax," and those who are opposed shall vote a ballot on which 
shall be written or printed the words "Against Special School Tax." 

It shall be the duty of the governing authorities of the city or town where 
the election is held entirely within the corporate limits of the city or town, 
but it shall be the duty of the county commissioners where the district in 
which the election is held includes any part of the county not within the 
corporate limits of the city or town, to declare the result of said election. If 
the majority of the qualified voters at said election shall vote in favor of said 
tax, the same shall be annually levied and collected in the manner prescribed 
for the levy and collection of other taxes. All money levied and collected 
under the provisions of this section shall be placed to the credit of the board 
of trustees of said schools, to be by them expended exclusively for the main- 
tenance of the said schools within the tax district in which the said election 
is held. 

1917, c. 102. s. 1. 

5524. Time of elections and levy; frequency of elections. All elections 
ordered under the provisions of this article shall be ordered and held within 
sixty days after the filing of the petition mentioned in the preceding section 
with the board of commissioners or other governing body of said city, town, 
or county, or with the clerk or secretary of such board or body ; and if any 
such election shall be held prior to the first day of June of any year, the tax 
authorized by such election shall be levied and collected for the current year ; 
but if such election shall be held after the first day of June of any year, the 
tax authorized by such election shall not be levied and collected until the 
following year. Elections under the provisions of this article shall be held 
not oftener than once a year. 

1917, c. 102, ss. 2, 6. 

5525. Limit of aggregate tax rate. The aggregate of all school taxes an- 
nually levied and collected under the provisions of this article, and of any 
other law, general or special, enacted prior to March 1, 1917 (other than taxes 
levied and collected for the purpose of paying the interest or principal of 
public, graded, or high school bonds), shall not exceed one dollar on the one 
hundred dollars worth of property. 

1917, c. 102, s. 3. 

ART. 18. SPECIAL TAX IN SPECIAL SCHOOL DISTRICTS 

5526. Election for special tax districts on petition of freeholders. Special 
school tax districts may be formed by the county board of education in any 



44 Public School Law of ^okth Carolina 

county without regard to township lines under the following conditions : 
Upon a petition of one-fourth of the freeholders within the proposed special 
school district, in whose names real estate in such district is listed in the tax 
lists of the current fiscal year, endorsed by the county board of education, 
the board of county commissioners, after thirty days notice at the courthouse 
door and three public places in the proposed district, shall hold an election to 
ascertain the will of the people within the proposed special school district 
whether there shall be levied in such district a special annual tax of not 
more than thirty cents on the one hundred dollars valuation of property and 
ninety cents on the poll to supplement the public school fund which may be 
apportioned to such district by the county board of education in case such 
special tax is voted. 

Rev., s. 4115; 1909, c. 525, s. 4. 

5527. Rules governing election; tickets. The board of county commis- 
sioners shall appoint a registrar and two pollholders, and shall designate a 
polling place and order a new registration for such district. The election 
shall be held in the district under the law governing general elections, as 
near as may be. The registrar and pollholders shall canvass the vote cast 
and declare the result, and shall duly certify the returns to the board of 
county commissioners, and the same shall be recorded in the records of the 
board of county commissioners. The expense of holding the election shall 
be paid out of the general school fund of the county. At the election those 
who are in favor of the levy and collection of the tax shall vote a ticket on 
which shall be printed or written the words "For Special Tax," and those 
who are opposed shall vote a ticket on which shall be printed or written the 
words "Against Special Tax." 

Rev., s. 4115; 1907, c. 835, s. 1 (f). 

5528. Levy and collection. In case a majority of the qualified voters at 
the election is in favor of the tax, the same shall be annually levied and col- 
lected in the manner prescribed for the levy and collection of other taxes. 

Rev., s. 4115. 

5529. Special districts from portions of contiguous counties. Special tax 
districts may be formed as provided in this article out of portions of con- 
tiguous counties. The petition for such a district must be endorsed by the 
boards of education of both counties. The registrar and one pollholder shall 
be appointed by the board of commissioners of the county in which the larger 
number of petitioners reside, and one pollholder must be appointed by the 
board of commissioners of the other county. All the provisions of article ten 
in regard to districts in contiguous counties shall be applicable as far as may 
be to the establishment of special-tax districts out of portions of contiguous 
counties herein provided. 

Rev., s. 4115; 1915, c. 236, s. 1 (b). 

5530. Enlargement of special district upon election. Upon a written re- 
quest of a majority of the committee or trustees of any special tax district, 
the county board of education may enlarge the boundaries of any special tax 
district established under this article, or by special act or charter of the gen- 
eral assembly, so as to include any contiguous territory, and an election in 
such new territory may be ordered and held in the same manner as prescribed 
in this article for elections in special tax districts. In case a majority of the 
qualified voters in such new territory shall vote at the election in favor of a 



Public School Law of ^orth Carolina 45 

special tax of the same rate as that voted and levied in the special tax district 
to which the territory is contiguous, then the new territory shall be added to 
and become a part of the special tax district, and the term "special tax of 
the same rate" herein used shall include, in addition to the usual special tax, 
any tax levied to meet the interest and sinking fund of any bonds theretofore 
issued by the district proposed to be enlarged. In case a majority of the 
qualified voters at the election shall vote against the tax, the district shall 
not be enlarged. 

Rev., s. 4115; 1907, c. 835, s. 1 (f) ; 1919, c. 254, s. 19. 

5531. Abolition of district upon election. Upon petition of two-thirds of 
the qualified voters residing in any special tax district established under this 
article, the same shall be endorsed and approved by the county board of edu- 
cation, and the board of county commissioners shall order another election 
in the district for submitting the question of revoking the tax and abolishing 
the district, to be held under the provisions prescribed in this article for 
holding other elections. It shall be the duty of the board of education to 
endorse the petition when presented, containing the proper number of names 
of qualified voters, and this provision is made mandatory, and the board is 
allowed no discretion to refuse to endorse the same when so presented. If at 
the election a majority of the qualified voters in the district shall vote 
"Against Special Tax," the tax shall be deemed revoked and shall not be 
levied, and the district shall be discontinued. 

Rev., s. 4115; 1909, c. 525, s. 4; 1911, c. 135, s. 1 (i) ; 1917, c. 188, s. 1. 

5532. Special district in debt may not be abolished. The provisions of 
this article as to abolishing special tax districts shall not apply when such 
special tax district is in debt in any sum whatever. 

Rev., s. 4115; 1917, c. 188, s. 1. 

5533. Election for abolition not oftener than once in two years. No elec- 
tion for revoking a special tax in any special tax district shall be ordered and 
held in the district within less than two years from the date of the election 
at which the tax was voted and the district established, nor at any time 
within less than two years after the date of the last election on the question 
in the district; and no petition revoking such tax shall be approved by the 
county board of education oftener than once in two years. 

Rev., s. 4115; 1911, c. 135, s. 1 (i). 

5534. Special tax levy restored at any time in abolished district. The 

provisions for ordering a new election to revoke a special tax in any special 
tax district shall not apply to elections in such districts for increasing or 
restoring the special tax levy in such district, which elections may be ordered 
and held at any time in accordance with the provisions of this article for 
establishing new special tax districts. 

Rev., s. 4115; 1909, c. 525, s. 4. 

5535. Increasing levy in special district, where inadequate. When it shall 
be ascertained upon the written petition of one-third of the qualified voters 
of the special tax district, endorsed by the county board of education, that 
the special tax levied under this article shall be inadequate to maintain and 
support the school or schools of the special tax district, then it shall be com- 
petent to hold an election in the district to increase the special tax levy upon 
real and personal property and polls to an amount not exceeding lifty cents 
on the one hundred dollars valuation of property and one dollar and lifty 



46 Public School Law of ISTorth Carolina 

cents on the poll. This election shall be called and held in the same manner 
as the election for creating the special tax district as provided in this article ; 
but no election shall be held oftener than once in two years. 

Rev., s. 4115; 1917, c. 102, s. 5; 1919, cc. 64, 254, s. 11. 

5536. Money to be expended by school committee. All money levied 
under the provisions of this article shall, upon collection, be placed to the 
credit of the school committee in the district, which committee shall be ap- 
pointed by the county board of education ; and such school committee shall 
apportion the money among the schools in the district in such manner as in 
its judgment will equalize school facilities. 

Rev., s. 4115. 



SUBCHAPTEE TV. PUBLIC SCHOOL SYSTEM ANT) 
IIsTSTKUCTION^ 

ART. 19. GENERAL SCHOOL SYSTEM 

5537. Constitutional provisions. The people have the right to the privi- 
lege of education, and it shall be the duty of the state to guard and maintain 
that right; and religion, morality, and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of educa- 
tion shall forever be encouraged. The general assembly shall provide by 
taxation and otherwise for a general and uniform system of public schools, 
wherein tuition shall be free of charge to all children of the state between the 
ages of six and twenty-one years ; and the general assembly is empowered to 
enact that every child of sufficient mental and physical ability shall attend 
the public schools, during the period between the ages of six and eighteen 
years, for a term of not less than sixteen months, unless educated by other 
means. 

Rev., s. 4085 ; Const., Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 

5538. Separation of races. The children of the white race and the chil- 
dren of the colored race shall be taught in separate public schools, but there 
shall be no discrimination in favor of or to the prejudice of either race. All 
white children shall be taught in the public schools provided for the white 
race, and all colored children shall be taught in the public schools provided 
for the colored race ; but no child with negro blood, or what is generally known 
as Croatan Indian blood, in his veins, however remote the strain, shall attend 
a school for the white race, and no such child shall be considered a white 
child. The descendants of the Croatan Indians now living in Robeson, Samp- 
son, and Richmond counties shall have separate schools for their children, 
as hereinafter provided in this chapter. 

Rev., s. 4086 ; Const., Art. IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22 ; 1915, c. 236, s. 1. 

5539. Women on school boards. Positions on committees for rural and 
graded schools, boards of trustees of state schools and colleges for women, 
and subtext-book commissions shall not be deemed offices within this state, 
but shall be places of profit or trust ; and women shall be eligible to serve in 
such positions under the same conditions and restrictions as are now imposed 
upon men. The provisions of this section shall not apply to any position or 
place where the person holding such position or place is elected by the people. 

1913, c. 170. 



Public School Law of ^orth Carolina 47 

5540. Closing schools for nonattendance. When a monthly or weekly re- 
port of any school where the district does not contain over one hundred and 
fifty children shows an average daily attendance of less than one-fifth of the 
school census, the committee may, with the approval of the county superin- 
tendent of schools, order the school to be closed, and the money due such 
school shall remain to the credit of that school; but all funds remaining to 
the credit of such school at the close of the school year, unused, because of 
nonattendance, shall be returned to the general fund for reapportionment, 
unless such nonattendance shall have been caused by providential or other 
unavoidable causes; and the county board of education, upon the recommen- 
dation of the county superintendent, shall have authority to close any school 
for either race in any township before it shall have continued for the average 
length of school term for the township in case the attendance does not justify 
the continuance of the school, and the money remaining to the credit of such 
district thus closed for nonattendance shall be returned to the general school 
fund. 

Rev., B. 4164. 

5541. Branches taught. The branches to be taught in all the public 
schools shall be spelling, reading, writing, arithmetic, drawing, language les- 
sons and composition, English grammar, geography, the history of North 
Carolina and the United States, elements of agriculture, and oral and text- 
book instruction in elementary physiology and hygiene, including the nature 
and effect of alcoholic drinks and narcotics: Provided, that in public schools 
employing more than one teacher the elements of civil government, containing 
the constitution of North Carolina and the United States, and such other 
subjects of study as the state board of education may direct, shall be taught 
after adequate provision shall have first been made for the thorough teaching 
of the branches before named. 

1919, c. 254, s. 2. 

5542. Fire prevention to be taught. It shall be the duty of the insurance 
commissioner and the superintendent of public instruction to provide as far 
as practicable for the teaching of "Fire Prevention" in the colleges and schools 
of the state, and to arrange, if possible, for a text-book adapted to such use. 

1915, c. 166, s. 5. 

Note. — As to fire prevention and "Fire Prevention Day," see chapter Fire Protection, 
art. 1. 

Note. — Section 5698 of this chapter contains list of subjects of text-books to be taught in 
schools. 

For provisions regulating teaching of elementary branches in high schools, and high school 
subjects in public schools, see this chapter, sees. 5517, 5518. 

ART. 20. ARBOR DAY 

5543. Arbor day designated. The Friday following the first day of No- 
vember in each year shall be known as Arbor Day, to be appropriately ob- 
served by the public schools of the state. 

1915, c. 51. s. 1. 

5544. Governor to make proclamation for observance by schools. The 

governor is herewith authorized to make proclamation setting forth the pro- 
visions of this act and recommending that arbor day be appropriately observed 
by the school children of the state, in order that they may be brought up to 
appreciate the true value of trees and forests to their state. 

1915. c. 51. s. 2. 



48 Public School Law of I^orth Carolina 

5545. State superintendent to provide for observance. It shall be the 
duty of the state superintendent of public instruction to take the matter of the 
observance of arbor day by the public schools of the state under his general 
supervision, to issue each year a program for its observance to cover such 
part of the day as he may prescribe, and to transmit suitable instructions to- 
the county school authorities under his charge for an appropriate observance 
of arbor day, 

1915, c. 51, s. 3. 

ART. 21. SEPARATE SCHOOLS FOR INDIANS IN CERTAIN COUNTIES 

5546. Indians subject to article designated. The persons residing in 
Robeson, Richmond, and Sampson counties, supposed to be descendants of a 
friendly tribe once residing in the eastern portion of the state, known a& 
Croatan Indians, and who have heretofore been known as "Croatan Indians" 
or "Indians of Robeson County," and their descendants, shall be known and 
designated as the "Cherokee Indians of Robeson County" ; and the persons 
residing in Person county supposed to be descendants of a friendly tribe of 
Indians and White's Lost Colony, once residing in the eastern portion of this- 
state, and known as "Cubans," and their descendants shall be known and 
designated as the "Indians of Person County." 

Rev., s. 4168; 1885, c. 51, s. 2; 1911, c. 215; P. L. 1911, c. 263; 1913, c. 123; P. L. 1913, 
c. 22. 

Note. — For separate schools for Indians in Scotland county, see 1909, c. 720. For separate- 
schools in Cumberland county, see 1907, c. 499, 

5547. To have separate schools. The Indians mentioned above and their 
descendants shall have separate schools for their children, school committees 
of their own race and color, and shall be allowed to select teachers of their 
own choice, subject to the same rules and regulations as are applicable to. 
all teachers in the general school law, and there shall be excluded from such 
separate schools all children of the negro race to the fourth generation. 

Rev., s. 4168 ; 1885, c. 51, s. 2 ; 1889, c. 60, s. 1 ; 1911, c. 215. 

5548. Duty of county board. It shall be the duty of the county board of 
education to see the provisions of this article carried into effect, and the 
board shall for that purpose have the census taken of all the children of such 
Indians and their descendants between the ages of six and twenty-one, and 
proceed to establish such suitable school districts as shall be necessary for 
their convenience, and take all such other and further steps as may be neces- 
sary for the purpose of carrying such section into effect. 

Rev., s. 4169; 1885, c. 51, ss. 3, 4. 

5549. Right to attend school in other districts. Where any children, 
descendants of such Indians, reside in any district in the counties mentioned 
in this article in which there are no separate schools provided for their race, 
they shall have the right to attend any of the public schools in the county 
provided for their race, and their share of the public school fund shall be 
appropriated to their education upon the certificate of the school committee 
in the district in which they reside, stating that they are entitled to attend 
such public schools. 

Rev., s. 4169 ; 1885, c. 51, ss. 3, 4 ; P. L. 1911, c. 263 ; P. L. 1913, c. 22. 

5550. Pro rata share of school fund kept separate. The treasurer of the 
county school fund and other proper authorities whose duties are to collect, 
keep, and apportion the school fund shall procure from the county board of 



Public School Law of Xoeth Carolina 49 

education the number of children in the county between the ages of six and 
twenty-one, belonging to such Indian race, and shall set apart and keep 
separate their pro rata share of the school funds, which shall be paid out 
under the same rules in every respect as are provided in the general school 
law and in the preceding sections. 

Rev., s. 4170 ; 1885, c. 51, s. 4. 

5551. Application of general school law. The general public school law 
shall be applicable in all respects to such separate schools for the Indians 
mentioned in this article, except where such general law is repugnant to these 
special provisions relating to such schools ; and these special provisions for 
such separate schools shall apply only to the counties of Robeson, Richmond, 
Sampson, and Person. 

Rev., s. 4171 : 1885, c. 51, s, 5 ; 1911, c. 215 ; P. L. 1911, c. 263 ; 1913, c. 123. 
ART. 22. INSTRUCTION IN TEMPERANCE 

5552. Minimum of instruction; how and when given. In addition to the 
branches in which instruction is now required by law to be given in all 
schools supported wholly or in part by public money, instruction shall also 
be given as to the nature of alcoholic drinks and other narcotics and their 
effect upon the human system, in connection with the various divisions of 
physiology and hygiene. Such subject shall be taught in each school year 
below the second year in the high schools, and shall be taught as thoroughly 
as arithmetic and geography are taught in said schools. Such instruction 
shall be given by the use of text-books in the hands of all pupils in all grades 
from the fourth grade to the first year in the high school, inclusive, or in 
corresponding classes in graded schools, and orally to all pupils in the first 
three or primary grades, by teachers using text-books adapted to such oral 
instruction as a guide and standard; and all pupils must pass such tests as 
may be required in other studies before promoting to the next succeeding 
year's work. The minimum amount of such instruction shall be two lessons 
each week for ten weeks, or the equivalent of the same, in schools employ- 
ing one teacher, and three lessons each week for ten weeks, or the equivalent 
of the same, in schools employing two or more teachers. Such instruction 
shall be given as aforesaid to all pupils in all public schools of the state. 

1907, c. 957, s. 1. 

5553. Gradations and regulations as to text-books. The text-books used 
for the instruction required to be given by the preceding section shall be 
graded to the capacities of the pupils, and for students below high-school 
grade such text-books shall give at least one-fifth their space, and for students 
of fifth school grade they shall give not less than twenty pages to the nature 
and effect of alcoholic drinks and other narcotics ; but no book in which the 
required amount of this subject shall appear, in whole or in part, as a separate 
chapter at the end of the book, shall be considered as complying with the 
requirements of this statute, and no topical outline of study for the guidance 
of teachers which reduces the amount of temperance instruction below that 
which is required by the text-books provided for in this article shall be con- 
sidered as complying with the intent of the law. No text-book on physiology 
or hygiene not conforming to this article shall be used in the public schools 

4 



50 Public School Law of ISToeth Carolina 

except so long as may be necessary to fulfill the conditions of any legal adop- 
tion existing on the eleventh day of March, nineteen hundred and seven. 

1907, c. 957, s. 2. 

5554. Training of teachers for this instruction. In all normal schools, 
teachers' training classes, teachers' institutes, teachers' associations, summer 
schools, and all other organizations for the equipment of teachers, adequate 
time and attention shall be given to instruction in the best methods of teach- 
ing physiology and hygiene, with special reference to the nature of alcoholic 
drinks and other narcotics ; and no teacher shall be licensed who has not 
passed a satisfactory examination in this subject and the best method of 
teaching it. 

1907. c. 957, s. 3. 

5555. Enforcement of temperance instruction. It shall be the duty of 
the proper officer in control of any school or schools described in the first and 
third sections of this article to enforce the provisions of this article ; and any 
such officer, school director, committee, superintendent, or teacher who shall 
refuse or neglect to comply with the requirements of this article or shall 
neglect or fail to make proper provision for the instruction required and in 
the manner specified for all pupils in each and every school under his control 
and supervision, shall be removed from oflice and the vacancy filled as in other 
cases; and if it be satisfactorily proved that trustees or boards of education 
or boards of educational institutions, receiving money from the state, have 
failed to enforce this article, as far as they have authority, it shall be deemed 
sufficient cause for withholding the warrant for the state appropriation of 
school money to which such district or educational institution would other- 
wise be entitled. 

1907, c. 957, s. 4. 

ART. 23. INSTRUCTION IN AGRICULTURE, MANUAL TRAINING, AND 

HOME ECONOMICS 

5556. State superintendent to prepare courses and publish bulletins. The 

state superintendent of public instruction shall prepare or have prepared 
courses of study in agriculture, manual training, and home economics for use 
in the public schools of the state, and shall have the same printed in bulletin 
form, said bulletins to be used as supplementary texts and guides in teaching 
these subjects in all public schools. 

These bulletins shall contain courses of study and readily usable outlines 
in agriculture, including crop production and management, gardening and 
fruit growing, livestock farming, including simple lessons in home dairying 
and poultry raising, manual training and home economics, and any other 
subjects which may be considered necessary in the teaching of the above 
named courses. 

1919. c. 255. s. 1. 

5557. Bulletins furnished without cost. The bulletins provided for in this 
article shall be published by the state board of education and printed by the 
state printer, as state printing, and shall be furnished to the teachers and 
public school children of the state, without cost. These bulletins shall be 
distributed from the office of the state superintendent of public instruction 
as are other publications of the department. 

1919, c. 255, s. 6. 



Public School Law of ISToeth Cakolina 51 

5558. Time given to subjects for different classes of schools. The state 
superintendent of public instruction shall fix the minimum time to be given 
to the teaching of agriculture, manual training, and home economics in the 
respective grades, having in mind, in the preparing of these regulations, the 
conditions existing in the one-teacher school, the two-teacher school, and 
three-teacher school, and all of the regularly organized schools as distinctive 
types for which this material is to be provided. 

1919, c. 255, s. 3. 

5559. School credits for outside work. For the purpose of encouraging 
the practical application of the principles taught in the classroom, the state 
superintendent of public instruction shall prepare a system of credits, whereby 
the boys and girls shall receive credit for work done outside of the school 
hours, upon the farm and in the home, in conformity with the present system 
of credits obtaining in our public schools. 

1919, c. 255, s. 2. 

5560. Lands for demonstration work. The board of education of any 
county, or the board of control in any school of the state, may secure by dona- 
tion, purchase, condemnation proceedings, or through lease, one or more 
acres of land adjacent to or near any school site for the purpose of conducting 
practical demonstrations of the principles taught in the classroom. 

1919, c. 255, s. 5. 

5561. Examination and training of teachers. All teachers of the state 
offering to teach any grade in which the subjects herein specified are required 
in any of the rural schools shall pass an examination on the subjects of 
agriculture, manual training, and home economics, in so far as the teaching 
of these subjects applies to their respective grades, and upon the bulletins 
provided for in this article, but this requirement does not apply to teachers 
entering the profession prior to July first, one thousand nine hundred and 
nineteen. Furthermore, the bulletins herein provided for shall be made a 
part of the course of study in agriculture, manual training, and home econom- 
ics in summer schools for teachers, conducted by the various State insti- 
tutions and in other courses for the improvement of teachers. 

1919, c. 255, ss. 7, 8. 

5562. All teachers may be examined. Every county superintendent in 
the state, together with state board of examiners and institute conductors, is 
hereby empowered to require satisfactory evidence, by examination or other- 
wise of the ability of every teacher in the respective counties to teach the 
subject-matter contained in the bulletins herein provided for. 

1919, c. 255, s. 9. 

5563. All schools required to give courses. Every public school in the 
state, unless exempted by the following section, shall be required to give 
courses in agriculture, manual training, and home economics, as prescribed 
herein, to its students. 

1919, c. 255, s. 10. 

5564. Town schools exempted. Schools operating in towns of a popula- 
tion of two thousand or more may be exempt from the provisions of this 
article by permission granted such schools by their local boards : Provided 
that courses of study in home gardening, school gardening, manual traming 
and home economics, suited to the needs of such schools, shall be prepared. 

1919, c. 255, s. 4. 



52 Public School Law of ISToeth Carolina 

5565. Reports by county superintendents. Every county superintendent 
of public instruction shall report to the state superintendent of public in- 
struction within sixty days after the beginning of the school term in his 
county, as to whether or not such courses as are provided for herein are 
being taught. 

1919, c. 255, s. 11. 

ART. 24. COUNTY FARM-LIFE SCHOOLS 

5566. Establishment of school in county. There shall be established and 
maintained in every county complying with the provisions of this article, as 
hereinafter set forth, a school to be known as a "County Farm-life School," 
for the training and preparation of the boys and girls of the county for farm 
life and home-making. 

1911, c. 84, s. 1. 

5567. Aim of school and course of study. The aim of said school shall 
be to prepare boys for agricultural pursuits and farm life and to prepare girls 
for home-making and housekeeping on the farm. The course of study shall 
include practical work on the farm by the boys and practical work in all 
subjects relating to housekeeping and home-making by the girls. The course 
of study in said school shall be subject to the approval of the state board for 
vocational education. 

1911, c. 84, s. 2 ; 1919, c. 257, s. 1. 

5568. Board of trustees; appointment; terms; vacancies. The school 
shall be under the control and management of a board of trustees of practical 
farmers, consisting of one member from each township in the county, ap- 
pointed by the county board of education, who shall serve until their suc- 
cessors shall be appointed. The first board of trustees shall be divided by the 
county board of education into three as nearly equal groups as possible — 
one group shall be appointed for a term of two years, one group for a term of 
four years, and one group for a term of six years. Upon the expiration of 
the term of oflBce of any trustee his successor shall be appointed for a term 
of six years. The county superintendent of public instruction shall be ex 
ofiicio a member of said board and secretary thereof. All vacancies occur- 
ring by death, resignation, or otherwise, in said board shall be filled for the 
unexpired term by the county board of education. 

1911, c. 84, s. 3. 

5569. Qualification and organization of board. Within ten days after 
any county, township, or townships shall have complied with the provisions 
of this article, as hereinafter set forth, for the maintenance and equipment 
of the school, the members of the board of trustees shall be appointed, and 
the county superintendent shall duly notify them to meet at the county seat 
within ten days after their appointment to qualify and organize. 

1911, c. 84, s. 4. 

5570. Location of school. After due advertisement, inviting bids for the 
location of said school within the county, the board of trustees shall locate 
it at such place in said county as shall offer the largest financial aid for main- 
tenance and equipment, having due regard for desirability and suitability of 
location : Provided, however, that said school shall not be located in any 
city or town of more than one thousand inhabitants, nor within two miles 



Public School Law of ^oeth Carolina 53 

of the corporate limits of any city or town of more than five thousand inhab- 
itants. 
1911, c. 84, s. 5. 

5571. Buildings; farm; maintenance. For the maintenance of said 
school, the county or township or school district, or all combined, wherein it is 
located, shall provide annually, by taxation or otherwise, not less than twenty- 
five hundred dollars. The county or township or school district, or all com- 
bined, shall provide by bond issue, or otherwise, the following equipment for 
said school: a school building with recitation rooms and laboratories and 
apparatus necessary for efficient instruction in the prescribed subjects of 
study; dormitory buildings with suitable accommodations for not less than 
twenty-five boys and twenty-five girls ; a barn and dairy building with neces- 
sary equipment ; a farm of not less than fifty acres of good arable land. All 
of said buildings shall be located on said farm and shall be constructed in 
accordance with plans approved by the state superintendent of public instruc- 
tion, and the entire equipment shall be subject to his approval and acceptance 
after inspection. 

1911, c. 84, s. 6; 1919, c. 257, s. 3. 

5572. Authority to accept erected school building. Upon the recom- 
mendation of the board of trustees and the presentation of satisfactory rea- 
sons therefor, the state superintendent of public instruction may grant per- 
mission to the board of trustees to accept any suitable and properly equipped 
school building already constructed, though it may not be located on the farm, 
provided it be located within reasonable and convenient distance thereof. 

1911, c. 84, s. 6 ; 1919, c. 257, s. 4. 

5573. Election in county to establish schools. 1. Upon written request of 
the county board of education of any county, the board of county commission- 
ers of said county may in their discretion order an election to be held in said 
county, in accordance with the law governing general elections therein, as 
nearly as may be. A new registration shall be ordered for said election ; and 
not less than thirty days notice of said election shall be given at the court- 
house door and three other public places in the county ; and if there be news- 
papers published in the county, a notice of said election shall also be published 
weekly for four successive weeks preceding said election in one newspaper 
therein ; and the registrars and poll-holders shall canvass the vote cast, de- 
clare the result, and duly certify the returns to the board of county commis- 
sioners, and the returns shall be recorded in the records of said board of 
county commissioners. 

2. At said election shall be submitted to the qualified voters of the county 
the question of levying and collecting a special tax on all taxable property 
and polls of said county for the maintenance and equipment of a "County 
Farm-life School" therein. At such election those favoring the levying and 
collecting of such a tax for such purpose shall vote a ballot on which shall 
be written or printed the words "For County Farm-life School"; and those 
opposed shall vote a ballot on which shall be written or printed the words 
"Against County Farm-life School." 

3. If a majority of the qualified voters shall vote "For County Farm-life 
School," then all the provisions of this article shall be in full force and effect, 
and the county commissioners shall annually levy and cause to be collected, in 
the same manner and at the same time as other taxes of the county are levied 



54 Public School Law of ISTokth Carolina 

and collected, a tax on all property and polls of the county sufficient to pro- 
vide the sum required for the annual maintenance of said school, and, in ad- 
dition, the sum required for the payment of the annual interest on such bond 
issue as may be found necessary for providing the equipment for the school 
as said interest accrues, and to create a sinking fund for the purpose of pay- 
ing off and discharging said bonds as they become due. The bond of the sheriff 
or tax collector of said county shall be responsible for the tax to the same ex- 
tent as it is liable for other taxes collected by him. 

1911. c. 84, s. 7. 

5574. Issuance of bonds. If a majority of the qualified voters at the elec- 
tion shall vote "For County Farm-life School," it shall be deemed and held 
that a majority of the qualified voters are in favor of granting to the board of 
county commissioners of said county authority to issue bonds in an amount 
not to exceed fifty thousand dollars for the purpose of providing the necessary 
equipment; and such authority shall be granted to and vested in said board 
of county commissioners and said board is hereby authorized and empowered 
to issue and sell bonds in the name of said county to an amount not to exceed 
twenty-five thousand dollars, of such denomination and of such proportion as 
said board of county commissioners may deem advisable, bearing interest at 
a rate not to exceed six per cent, with interest coupons attached, payable at 
such time or times, and at such place or places as they may deem advisable, 
such bonds to be of such form and tenor and transferable in such way, and 
the principal thereof payable or redeemable at such time or times, not less 
than fifteen years from the date thereof, and at such place or places as the 
board of county commissioners may determine. 

The proceeds arising from the sale of said bonds shall be expended by said 
board of county commissioners in providing, by purchase or otherwise, the 
equipment in land, buildings, and apparatus required under this article for 
the "County Farm-life School." The treasurer of said county shall receive 
no compensation for receiving or disbursing the money which may be received 
from the sale of said bonds. 

1911. c. 84, s. 8; 1919, c. 257, s. 4. 

5575. Township election to secure location. The county commissioners 
of any county that has voted for the establishment of a "County Farm-life 
School" therein shall, upon petition of one-fourth of the freeholders in any 
township applying to the trustees of said "County Farm-life School" to secure 
the location of said school therein, order an election therein, to be held after 
thirty days notice at three public places in said township, under the law gov- 
erning state and county elections as nearly as may be, and the returns of said 
election shall be certified by the registrars and poll-holders to the board of 
county commissionsers, and the same shall be recorded in the records of said 
county commissioners. At the election shall be submitted to the qualified 
voters of said township the question of issuing bonds in a sum not to exceed 
fifty thousand dollars, the amount of said bond issue to be set out in the 
petition for said election, and of levying and collecting on all taxable property 
and polls in said township a special tax sufficient to provide for the payment 
of the interest on said township bonds as it accrues, and to create a sinking 
fund for the purpose of paying off and discharging said township bonds as 
they become due. At such election, those favoring the levying and collection 
of such a tax for such purpose shall vote a ballot on which shall be written or 



Public School Law of J^orth Carolina 55 

printed the words "For County Farm-life School," and those opposed shall 
vote a ballot on which shall be written or printed the words "Against County 
Farm-life School." 

1911, c. 84, s. 9; 1919, c. 257, s. 5. 

5576. Township bonds to secure location. If a majority of the qualified 
voters at said election shall vote "For County Farm-life School," then it shall 
be deemed and held that a majority of the qualified voters are in favor of 
granting to the board of county commissioners of said county authority to 
issue bonds in the name of said township in such amount as shall have been 
named in the petition and notice of election, to be sold by said commissioners 
for the purpose of aiding in providing the buildings and farm and other equip- 
ment for "The County Farm-life School," provided said school shall be located 
in said township ; and if said school shall be located in said township, the 
board of county commissioners shall annually levy and cause to be collected, 
in the same manner and at the same time as other taxes of the county are 
levied and collected, a tax on all property and polls in said township sufiicient 
to provide for the payment of interest on said township bonds as it accrues 
and to create a sinking fund for the purpose of paying off and discharging 
said township bonds as they become due. The board of county commissioners 
is authorized and empowered to issue and sell said bonds of the township to 
the amount specified in the petition and notice of election, of such denomina- 
tion and of such proportion as they may deem advisable, bearing interest at 
a rate not to exceed six per cent, with interest coupons attached, payable at 
the time or times, and at the same place or places, and of the same form and 
tenor, and the principal thereof payable or redeemable at the same time or 
times and at the same place or places as the county bonds issued by the board 
of county commissioners for the equipment of said "County Farm-life School." 

The proceeds arising from the sale of the township bonds shall be added to 
the proceeds arising from the sale of the county bonds and expended therewith 
by the board of county commissioners in providing, by purchase or otherwise, 
the eMjuipment in land, buildings, and apparatus required in this article for 
the "County Farm-life School." 

1911, c. 84, s. 9. 

5577. Election by contiguous townships to secure location. Any two or 

more contiguous townships bidding for the location of the "County Farm-life 
School" may unite and hold an election upon the same terms and conditions as 
are provided for one township for the location of the "County Farm-life School" 
at such point in said townships as may be determined by the board of trustees 
of said "County Farm-life School" : Provided, that the amount of bonds au- 
thorized to be issued by one or more townships in order to secure the location 
of the "County Farm-life School" in a given township shall be deducted from 
the amount of bonds authorized to be issued by the county, so as to limit the 
total issue of bonds for farm, buildings, and equipment to fifty thousand 
dollars. 

1911, c. 84, s. 9; 1919, c. 257, s. 5. 

5578. Election in townships to establish on failure of county election. 

1. In case an election shall be ordered and held in any county as herein pro- 
vided, for the establishment and maintenance of a "County Farm-life School" 
therein, and a majority of the qualified voters at such election shall fail to vote 
"For County Farm-life School," any township in said county, or any two or 



56 Public School Law of J^okth Carolina 

more contiguous townships in said county, shall, upon petition of one-fourth of 
the freeholders therein to the board of county commissioners of the county, have 
an election ordered by the commissioners upon the same terms and conditions 
prescribed in the three preceding sections of this article : Provided, that a new 
registration shall be ordered. 

2. If in such election a majority of the qualified voters in said township or 
townships shall vote "For County Farm-life School," then, in that event, it 
shall be deemed and held that the board of county commissioners of the county 
is authorized and empowered to issue and sell bonds in the name of said town- 
ship or townships in an amount not to exceed twenty-five thousands dollars, and 
to levy and cause to be collected, in the same manner and at the same time as 
other taxes of the county are levied and collected, a sufficient tax on all prop- 
erty and polls in said township or townships to comply with all conditions 
named in this article for the maintenance and equipment of a "County Farm- 
life School," subject to the same conditions as are herein provided for the 
issuance and sale of county bonds and the levying and collection of a county 
tax for said purpose. 

3. The said "County Farm-life School" shall thereupon be located at such 
point in said township or townships as may be determined by the board of 
trustees of said "County Farm-life School" provided for in this article. Such 
school, when thus established, shall be a "County Farm-life School" for said 
county, and shall be subject to all the rights, privileges, and obligations and 
conditions prescribed in this article for "County Farm-life Schools," except as 
herein otherwise provided. 

1911, c. 84, s. 10. 

5579. Provisions for township school becoming county farm-life school. 

At any time after the establishment of the "County Farm-life School" by the 
township or townships under the provisions of the preceding section, the 
county may hold an election as provided in this article for the establishment 
of a county farm-life school by the county ; and if at the election a majority 
of the qualified voters of the county shall vote "For County Farm-life School," 
and the tax and bond issue provided for in this article for the maintenance 
and equipment of a "County Farm-life School" shall be provided, as directed 
herein, by the county commissioners for the entire county, such school estab- 
lished by the township or townships shall become a county farm-life school 
in all respects like a county farm-life school established under this article 
and the bonds of the township or townships and the tax levied for the main- 
tenance of the school and for interest and sinking fund on the bonds shall be 
assumed by the entire county, and the bonds of the township or townships 
shall be canceled by substituting therefor county bonds as provided for a 
county farm-life school. 

1911, c. 84, s. 10. 

5580. High school department in connection with county farm-life school. 

There shall be established and maintained in connection with each county 
farm-life school such a high school course of study as may be approved by 
the state board for vocational education, and for the maintenance of such 
high school department of the county farm-life school there shall be the same 
county and state apportionments as are now made and required for a first- 
grade public high school under the provisions of article entitled General School 
Revenue and Taxes, being article 11 of this chapter. If said county farm- 



Public School Law of Nokth Carolina 57 

life school shall be located at the same place with some existing public high 
school in said county, then said public high school shall be merged into and be- 
come the high school department of said county farm-life school as an organic 
part thereof ; and the appropriations for the maintenance thereof shall be the 
same- as the appropriations now required for a first-grade public high school. 
The requirements for teachers in said high school department of the county 
farm-life school shall be the same as are now required for high school teachers 
imder the high school law. Said high school department and course of study, 
however, and the entire management of the same shall be under the direction 
and control of the board of trustees and the principal of the county farm-life 
school, and shall be conducted as an organic part of said school. 

1911, c. 84, s. 11 ; 1919, c. 257, s. 6. 

5581. Certification of teachers. No person shall be employed as principal 
in charge of any county farm-life school who does not hold a high school 
teacher's certificate on all required subjects except Latin, Greek, and Modern 
Languages, and endorsed by the state board for vocational education. And 
no person shall be employed in the department of said "County Farm-life 
School" for the special training of girls for home-making and housekeeping 
on the farm who does not hold a high school teacher's certificate on all re- 
quired subjects except Latin, Greek, and Modern Languages, and endorsed by 
the state board for vocational education. All teachers in farm-life schools 
shall be elected by the board of trustees on the recommendation of the prin- 
cipal of said schools, and all teachers of vocational subjects in schools re- 
ceiving funds from the vocational education fund shall be approved by the 
state board for vocational education. 

1911, c. 84, s. 12; 1919, c. 257, s. 7. 

5582. Agricultural and farm-life extension and demonstration. It shall 
be a part of the duty of the faculty of each "County Farm-life School" to con- 
duct agricultural farm-life extension and demonstration work in said county, 
in cooperation, as far as possible, with such work carried on in said county 
by the state department of agriculture, the North Carolina State College of 
Agriculture and Engineering, and the United States department of agricul- 
ture; to hold township and district meetings in various parts of the county 
from time to time for farmers and farmers' wives ; to cooperate with the 
county superintendent of public instruction and with the county commissioner 
of agriculture, where such ofiicer exists, in stimulating, directing, and super- 
vising practical farm-life work in the public high schools and the elementary 
schools of the county, and in providing instruction, through the county teach- 
ers' association and through special short courses of study at said "County 
Farm-life School," for the public school teachers of said county. 

1911, c. 84, s. 13. 

5583. Short courses for adults. There shall be provided in the courses of 
study of the "County Farm-life School" short courses in farm-life studies to 
which shall be admitted adult farmers, men and women ; and there shall be 
held at the school annually one or more county meetings for the farmers and 
their wives of the county for instruction and demonstration work. All of the 
work herein required and all other work of the "County Farm-life School" 
shall be under the general supervision of the county superintendent of public 
instruction, and the school shall in all respects be an organic part of the 
county public school system. 

1911. c. 84, 8. 13. 



58 Public School Law of ^orth Carolina 

5584. Admission of students from other counties. The board of trustees 
of the "County Farm-life School" of any county is hereby authorized and em- 
powered to admit students from other counties of the state to said school upon 
payment of such rate of tuition as said board of trustees may fix ; but all 
students who are residents of the county in which said school is located shall 
be admitted to said school without charge for tuition, except as otherwise 
provided in this article ; and said board of trustees shall fix all other charges 
in said school at actual cost. 

1911, c. 84, s. 14. 

5585. Treasurer of county farm-life school; compensation. The treasurer 
of the county shall be the treasurer of the "County Farm-life School," and 
shall receive and disburse all funds therefor, keeping and rendering annually 
to the board of trustees of said school a separate account of such receipts and 
disbursements. If he be employed on salary, he shall receive no additional 
compensation for his services ; and if employed on commission, he shall re- 
ceive as compensation not to exceed one per cent on all disbursements and 
nothing on receipts. The oflBcial bond of said treasurer shall be responsible 
and held liable for all funds coming into his hands for said school to the same 
extent as it is liable for other funds received by him as treasurer of said 
county. • 

1911, c. 84, s. 15. 

5586. Incorporation and powers. The board of trustees of said "County 
Farm-life School" and their sucessors in office shall be and are hereby con- 
stituted a body corporate by the name and style of "The Board of Trustees of 

the County Farm-life School of County," and by that name may 

sue and be sued, contract and be contracted with, purchase, hold, and sell real 
estate and personal property, receive donations by gift or otherwise, and exer- 
cise such other rights and privileges as are conferred by law upon corporate 
bodies so far as such powers are necessary or convenient to the attainment of 
the objects of the school or to the performance of the duties of the board. 
The title to all lands and other property of the "County Farm-life School" 
shall vest in said board of trustees. 

1911, c. 84, s. 16. 

5587. Appropriation of state funds; number of schools. Upon satisfac- 
tory evidence furnished by the state board for vocational education to the 
state board of education that all the provisions of this article for the estab- 
lishment, maintenance, and equipment of a "County Farm-life School" have 
been complied with in any county, the said state board of education shall 
order the state superintendent of public instruction to issue a requisition upon 
the state auditor for the sum of two thousand five hundred dollars annually 
for the maintenance of said school, and the state auditor shall issue his war- 
rant in favor of the county treasurer of said county for said amount, which 
shall be paid out of the state treasury and the money placed to the credit of 
the "County Farm-life School" of said county; and sufficient moneys to pay 
said warrants are hereby appropriated out of the state public school fund, if 
the amount of that fund is sufficient, after meeting all of the requirements of 
article 11 of this chapter, otherwise the appropriation shall be made out of the 
state funds not otherwise appropriated. : Provided, however, that there shall 
not be established more than ten such schools in any one year, and that not 
more than one such school shall be established in any county. 

1911, c. 84, s. 17; 1919. c. 257, s. 8. 



Public School Law of Worth Carolina 59 

5588. County board may supplement funds. If the funds available for the 
maintenance and support of any county farm-life school shall be insufficient to 
provide for the proper maintenance and support of said school, the county 
board of education of any county is hereby empowered to add to its annual 
budget for the maintenance and support of such school, an amount not greater 
than one thousand dollars, provided that this amount shall not be duplicated 
out of the state public school fund. 

1919, c. 181. 
ART. 25. FARM-LIFE INSTRUCTION IN COUNTY HIGH SCHOOLS 

5589. County high schools may maintain departments of instruction in 
agriculture and domestic science. There may be maintained in one or more 
of the public high schools of any county of the state complying with the pro- 
visions of this article, as hereinafter set forth, a department of agricultural 
instruction and a department of training in domestic science and home eco- 
nomics in order to better prepare the boys and girls of said county for farm 
life and home- making. 

1911 (Pub.-Local), c. 449, s. 1; 1913, c. 105. 

5590. Board of trustees of such school. The said school or schools shall 
be under the control and management of a board of trustees, consisting of the 
members of the board of education of the county and the chairman and sec- 
retary of the board of trustees of each high school in which such depart- 
ments are established. 

1911 (Pub.-Local), c. 449, s. 2; 1913, c. 105. 

5591. Selection and location of school. After due advertisement inviting 
bids from the public high schools of the county now in existence or hereafter 
created, the county board of education of the county shall designate the place 
or places at which such agricultural or domestic science work shall be estab- 
lished. In designating a school, the county board of education shall take into 
consideration the financial aid offered for maintenance and equipment, desir- 
ability and suitability of location. But no such department shall be estab- 
lished in a school which is located in a town of more than one thousand in- 
habitants, nor within two miles of the corporate limits of any city or town of 
more than five thousand inhabitants. 

1911 (Pub.-Local), c. 449, s. 3; 1913, c. 105. 

5592. Maintenance of schools; buildings and equipment. For the main- 
tenance of such school or schools, the county board of education of the county 
wherein the school is established shall provide annually out of the public 
school fund, or by donation or local tax, not exceeding twenty-five hundred 
dollars. The present average school term of the county shall not be shortened, 
however, by the appropriation herein designated. 

Any school applying for the benefit to be derived under this article shall 
first provide a building, with recitation rooms, laboratories, and apparatus 
necessary for efficient instruction in the prescribed courses of study, and such 
dormitory buildings as the county board of education may require, and a farm 
of not less than ten acres of good arable land, said land to be situated not 
more than one mile from the school buildings. 

Before the county board of education shall designate any school as a place 
at which the agricultural and domestic science work shall become a part of 



60 Public School Law of [N'orth Carolina 

the school curriculum, it shall first submit to the state superintendent of pub- 
lic instruction for his inspection and approval the equipment provided for 
the school. 

1911 (Pub.-Local), c. 449, s. 4; 1913, c. 105. 

5593. Purpose of school and course of study. The purposes of said school 
or schools are to give to the boys and girls such preparation as is now given in 
the said county public high schools, and, in addition to that, to give to the 
boys training in agricultural pursuits and farm life, and to prepare the girls 
for home-making and home-keeping. The course of study for the school or 
schools shall be subject to the approval of the state superintendent of public 
instruction and an advisory board of farm-life schools to be appointed by him. 

1911 (Pub.-Local), c. 449, s. 5. 

5594. Faculty and schedule of work. The teacher or teachers of the 
public high school, the teacher of agriculture, and the teacher of domestic 
science shall constitute the faculty of the county high school, who shall ar- 
range the weekly schedule of work and submit such weekly schedule to the 
county superintendent of education of the county for his approval. 

1911 (Pub.-Local), c. 449, s. 6; 1913, c. 105. 

5595. Authority of high school principal. Nothing in this article shall 
be construed to lessen the power and authority of the principal of the high 
school, but the instructors in the various departments shall be considered 
members of the faculty of which the high school principal is head. 

1911 (Pub.-Local), c. 449, s. 8. 

5596. Qualifications of teachers. No person shall be employed as teacher 
in agriculture or domestic science in the school or schools herein provided for 
unless the applicant has furnished to the trustees satisfactory evidence of a 
liberal English education, and, in addition thereto, special preparation and fit- 
ness for the specific branches to be taught, said qualifications to be passed up- 
on by the county superintendent of the county, and, if approved, submitted to 
the state superintendent for his approval. In addition to the above require- 
ments, the person shall hold a high school teacher's certificate on all required 
subjects except Latin, Greek, and Modern Languages. 

1911 (Pub.-Local), c. 449, s. 9; 1913, c. 105. 

5597. Students from other counties. The board of trustees of the school 
or schools herein provided for is authorized and empowered to admit students 
from other counties of the state to said school or schools, upon payment of 
such tuition charges as said board of trustees may fix, but all students who 
are residents of the county complying with the provisions of this article shall 
be admitted to any of said schools without charge for tuition. There shall 
be no discrimination against students coming from other counties in the 
charges fixed for board and incidentals. 

1911 (Pub.-Local), c. 449, s. 10; 1913, c. 105. 

5598. Agricultural farm life and extension work. It shall be part of the 
duty of the teachers of agriculture and domestic science to conduct agricul- 
tural farm life and extension work in the county in cooperation, as far as 
possible, with such work carried on in said county by the state department of 
agriculture, the North Carolina State College of Agriculture and Engineering, 
and the United States department of agriculture; to hold township and dis- 
trict meetings in various parts of the county from time to time, for farmers 



Public School Law of N'okth Carolina 61 

and farmers' wives ; to cooperate with the county superintendent of education 
of said county and with the commissioner of agriculture, if such officer exists, 
in stimulating, directing, and supervising practical farm-life work in the public 
high school and the elementary schools of said county, and in providing in- 
struction through the teachers' association and through a special short course 
of study at the schools where agriculture and domestic science instruction is 
given for the public school teachers of the county. 

1911 (Pub.-Local), c. 449, s. 11; 1913, c. 105. 

5599. Appropriation by state. Upon its being made to appear to the state 
board of education that any county has complied with all the provisions of 
this article for establishment, maintenance, and equipment of an agricultural 
department and a domestic science department in connection with one or more 
of the public high schools of the county, it shall appropriate and pay to the 
county board of education of the said county for such purpose an amount 
equal to that appropriated and furnished by the county for said work. Said 
appropriation by the state board of education shall not exceed the sum of 
twenty-fivo hundred dollars annually for the maintenance of said work in tlie 
county, to be paid by the state treasurer out of the funds appropriated for the 
maintenance of county farm-life schools under article 24 of this chapter. 

1911 (Pub.-Local), c. 449, s. 7; 1913, c. 105, s. 2. 

5600. Share of state appropriation for agriculture and domestic science 
education to be paid to county adopting this plan. All money that is now 
or may hereafter be appropriated by the general assembly, the state board of 
education, or other state authority for agricultural and domestic science edu- 
cation, a part of which appropriation would, except for this article, be appro- 
priated to the county complying with the provisions of this article absolutely, 
or upon a contingency or contingencies, then and in that event such appropria- 
tion which would go to said county shall be turned over to the county board 
of education of that county to aid in carrying out the provisions of this article. 
Compliance with the provisions of this article by the authorities of such county 
shall be sufficient to entitle said county to its proportion of any appropriation 
of money already made or which may hereafter be made for training in the 
science of agriculture or domestic science. The state superintendent of pub- 
lic instruction shall issue a requisition on the state auditor for the amount so 
apportioned to said county, and he shall issue his warrant to the county treas- 
urer of the county, and the money shall be placed by the treasurer to the 
credit of the school or schools of the county in which the agricultural or do- 
mestic science work is being conducted. All moneys thus placed to their 
credit shall be used exclusively for the purpose of instruction in agriculture 
and domestic science. 

1911 (Pub.-Local), c. 449, s. 7; 1913, c. 105, s. 2. 

5601. County appropriations; limitation. The amount annually set aside 
out of the public school fund by any county for maintenance of such farm- 
life departments shall not operate to increase the amount to which the county 
would have been entitled from the state public school fund, if said public 
school apportionments for farm-life departments had not been set aside. Such 
apportionments shall be included in the necessary expenses for a six months 
school term for which a tax is required to be levied under section 54S0. 

1915. c. 236, 8. 7. 



62 Public School Law of I^oeth Carolina 

ART. 26. KINDERGARTENS 

5602. Election as to kindergartens and special tax. Upon a petition by 
the board of directors or trustees or school committee of any school district, 
endorsed by the county board of education, the board of county commissioners, 
after thirty days notice at the courthouse door and three other public places 
in the district named, shall order an election to ascertain the will of the peo- 
ple within said district whether there shall be levied in such a district a special 
annual tax of not more than fifteen cents on the one hundred dollars worth of 
property and forty-five cents on the poll for the purpose of establishing kin- 
dergarten departments in the schools of said districts. The election so or- 
dered shall be conducted under the rules and regulations for holding special 
tax elections in special school districts, as provided in article 18 of this 
chapter. 

At such election those who are in favor of the special tax shall vote a ballot 
on which shall be printed the words, "For Kindergartens," and those who 
are opposed shall vote a ballot on which shall be printed the words "Against 
Kindergartens," 

If a majority of the qualified voters shall vote in favor of the tax, then it 
shall be the duty of the board of trustees or directiors of school committee of 
said district to establish and provide for kindergartens for the education of 
the children in said district of not more than six years of age, and the county 
commissioners shall annually levy a tax for the support of said kindergarten 
departments not exceeding the amount specified in the order of election. That 
said tax shall be collected as all other taxes in the county are collected and 
shall be paid by the sheriff to the treasurer of the said school district to be 
used exclusively for providing adequate quarters and for equipment and for 
the maintenance of said kindergarten department. 

1915, c. 234, ss. 1, 2, 3. 

5603. Qualifications of kindergarten teachers. That no teacher or in- 
structor shall be employed to teach in the kindergartens of the state who has 
not taken at least a two years course in kindergarten training in and received 
a diploma from a recognized normal training school approved by the state 
board of examiners ; Provided, first, that in lieu thereof they may offer an 
equivalent of training satisfactory to the state board of examiners: second, 
that all rules and regulations for examination, qualification, and admission of 
teachers and instructors in the free public school kindergartens in this state 
shall be prescribed and approved by the state board of examiners ; third, 
that no kindergarten teacher shall be allowed to teach a kindergarten de- 
partment larger than would result from an enrollment of twenty pupils. 

1915, c. 234, s. 4. 

ART. 27. CHILDREN AT ORPHANAGES 

5604. Children in orphanages permitted to attend public schools; ex- 
penses. Children living in and cared for and supported by any institution 
established or incorporated for the purpose of rearing and caring for orphan 
children shall be considered legal residents of said district in which the in- 
stitution is located, and a part or all of said orphan children shall be per- 
mitted to attend the public school or schools of said district, and the extra 
expenses of teaching said children for six months in the public school or 
schools of said district shall be borne as follows : 



Public School Law of iN'oRTH Cakolina 63 

Three-fourths of the extra expense for a term of six months of every year, 
as a result of the attendance of said children, shall be paid out of the state 
public school fund and one-fourth out of the county fund, unless otherwise 
provided. 

1919, c. 301, s. 1. 

5605. County board to provide for expense in budget. The county board 
of education is hereby authorized to provide in the county school budget for 
the extra expense that may be incurred by said school as the result of the at- 
tendance of said orphan children, and the county superintendent shall set 
forth, in blanks prepared by the state superintendent of public instruction, 
the number of such children that may attend, in what grades or classes they 
will be enrolled, and how many extra teachers will be required as the result 
of the operation of this article. The salaries of such extra teachers for six 
months shall be provided for in the county budget as provided in the preced- 
ing section. 

1919, c. 301, s. 2. 

5606. After six months, tuition fees may be charged. The board of trus- 
tees in special tax or special chartered districts may charge such tuition fees 
as may be agreed upon between the authorities of said institution and the 
board of trustees for the attendance of such orphan children for the remainder 
of the school term, after the constitutional provision for six months school 
has been complied with, 

1919. c. 301. s. 3. 

ART. 28. INSTRUCTION OF ILLITERATES 

5607. School for adult illiterates; appropriation. The state board of edu- 
cation is authorized to provide rules and regulations for conducting schools 
to teach adult illiterates, and such schools when provided for shall become a 
part of the public school system of the state and shall be supported as is pro- 
vided for other public schools of the state. 

1919, c. 161, s. 1. 

5608. Funds provided. The county board of education shall, upon direc- 
tion from the state superintendent of public instruction, provide annually in 
the county school budget, unless otherwise provided, a sum necessary to teach 
the adult illiterates in accordance with such rules and regulations, and a like 
sum shall be appropriated from the state public school fund. 

1919, c. 161, s. 2. 

5609. Expenses of organization and direction. The state board of educa- 
tion is authorized to use annually a sum not to exceed five thousand dolhirs 
of the state public school fund for the organization and direction of said work 
of teaching illiterates under the direction of the state superintendent of pub- 
lic instruction. 

1919. c. 161, s. 3. 

ART. 29. CONTRACTS WITH PRIVATE SCHOOLS 

5610. Contract between school committee and teacher of private school. 

In any school district where there may be a private school reguhirly coiuluctod 
for at least six months in the year, unless it is a sectarian or denominational 
school, the school committee may contract with the teacher of such private 



64 Public School Law of North Carolina 

school to give instruction to all pupils between the ages of six and twenty- 
one years in the branches of learning taught in the public schools, as pre- 
scribed in this chapter, without charge and free of tuition. 

Rev., s. 4151. 

5611. Teacher may be paid out of school funds. By agreement arranged 
between the committee and the teacher, the school committee may pay the- 
teacher for services out of the public school fund apportioned to the district. 

Rev., s. 4151. 

5612. To have certificate and to report. Every teacher of the public 
school branches in such private school shall obtain a certificate from the state- 
board of examiners covering the class of work to be done before beginning hi& 
or her work, and shall from time to time make such reports as are required 
of other teachers under this chapter. 

Rev., s. 4151 ; 1919, c. 254, s. 8. 

5613. County superintendent to employ and dismiss. The county super- 
intendent shall have the same authority in respect to the employment and 
dismissal of teachers under this article, and in every other respect, as is con- 
ferred in other articles. 

Rev., s. 4151. 

5614. Contract to designate minimum term. All contracts made under 
this article shall designate the minimum length of the public school term, 
which shall not be less than the average length of the public school term of 
the county of the preceding year. 

Rev., s. 4151. 

5615. Limit on amount paid school under contract. The amount paid such 
private school for each pupil in the public school branches, based on the 
average daily attendance, shall not exceed the regular tuition rates in such 
school for such branches of study. 

Rev., s. 4151. 

5616. Aided schools to be public schools. Every school to which aid shall 
be given under this article shall be a public school, to which all children living 
within the district, between the ages of six and twenty-one years, shall be ad- 
mitted free of charge for tuition. 

Rev., s. 4151. 

5617. Tuition for higher instruction; adult pay students. In case of con- 
tract with the teacher of a private school, under this article, tuition may be- 
charged for instruction in higher branches not mentioned in the section of 
this chapter specifying the branches to be taught in all public schools, if the^ 
apportionment of funds for the public schools of the district would, in the- 
opinion of the county board of education, be insufficient to provide instruction 
in these higher branches of study if the public school were taught separately.. 
The committee may admit pay students over twenty-one years of age. 

Rev., s. 4151. 

ART. 30. RURAL LIBRARIES 

5618. How established. When the patrons and friends of any free public 
school in which a library has not already been established by aid of the state 
shall raise by private subscription and tender to the treasurer of the county 
school fund for the establishment of a library to be connected with the school 



Public School Law of ^orth Carolina 65 

the sum of ten dollars, the county board of education shall appropriate from 
the general county school fund the sum of ten dollars for this purpose. After 
any school district shall have had a library for ten years or longer under the 
provisions of this section, said school district shall be entitled to receive a 
second library in accordance with the foregoing provisions of this section. 

Rev., s. 4172; 1901, c. 662, s. 6: 1903. c. 226, s. 1; 1905, c. 381; 1915, c. 236, s. 1 (d). 

5619. Management. The county board of education shall appoint one in- 
telligent person in the school district the manager of the library, and shall 
also appoint one competent person, well versed in books, to select books for 
such libraries as may be established under these provisions from lists of 
books approved by the state superintendent of public instruction. 

Rev., s. 4172; 1901, c. 662, s. 6; 1903, c. 226, s. 1; 1905, c. 381. 

5620. Donation by state board. As soon as the county board shall have 
made an appropriation for a library in the manner prescribed, the county 
superintendent shall inform the secretary of the state board of education of 
the fact, whereupon the state board shall remit to the treasurer of the county 
school fund the sum of ten dollars additional for the purchase of books. 

Rev., s. 4173; 1901, c. 662, s. 7; 1903, c. 226, s. 2; 1905, c. 381, s. 2. 

5621. Books and bookcases. Within thirty days after the payment of the 
money to the treasurer of the county school fund, the person appointed to se- 
lect the books shall submit the list of books to be purchased and prices of 
same to such treasurer, who shall order the books at once. The treasurer 
shall receive no compensation except his regular commission. The county 
board shall furnish, at the expense of the general county school fund, a neat 
bookcase, with lock and key, to each library, upon application of the county 
superintendent. 

Rev., s. 4174; 1901, c. 662, s. 8; 1903, c. 226, s. 3; 1905, c. 381, s. 3. 

5622. Rules by state superintendent. The local manager of every library 
shall carry out such rules and regulations for the proper use and preserva- 
tion of the books as may be established by the state superintendent of public 
instruction, and shall, on or before June thirtieth of each year, make to the 
state superintendent such reports as he shall require. 

Re\., s. 4175; 1901, c. 662, s. 9; 1903, c. 226, s. 4; 1905, c. 381, s. 4. 

5623. Exchange of libraries. The local managers of two or more libraries 
may, by agreement, exchange libraries ; but no exchange shall be made of tener 
than once in six months, and no part of the expense of exchanging libraries 
shall be paid out of the public funds. 

Rev., s. 4176; 1901, c. 662, s. 10; 1903, c. 226, s. 5; 1905, c. 381, 8. 5. 

5624. Enlargement of libraries. When the patrons and friends of any 
free public school in which a library has been established under the provisions 
of this article shall raise by private subscription and tender to the treasurer 
of the county school fund the sum of five dollars for the enlargement of the 
library, the county board of education shall appropriate from the general 
school fund the sum of five dollars, and the state board of education shall 
remit to the treasurer of the county school fund the sum of five dollars. The 
money thus collected and appropriated shall be used for the enlargement of 
libraries already established under the same rules and restrictions as govern 
the establishment of new libraries. 

Rev.. B. 4177; 1903, c. 226, s. 6; 1905, c. 381. s. 6; 1907, c. 835, s. 1 (k). 

5 



66 Public School Law of ISTorth Carolina 

5625. Limitation on number of libraries. Not more than six new libraries, 
in addition to those already established, shall be established biennially in any 
county under the provisions of the preceding sections, and not more than six 
libraries already established in any county shall be entitled biennially to the 
benefits provided for the enlargement of libraries. 

Rev., s. 4178; 1901, c. 662, s. 12; 1903, c. 226, s. 8; 1905, c. 381, ss. 8, 9. 

5626. New libraries established regardless of previous number with 
funds previously appropriated. After November thirtieth, nineteen hundred 
and six, and after November of every second year thereafter, if any of the 
aforesaid biennial appropriation for the years ending on such date shall still 
be in the hands of the state treasurer, any free public school which shall ful- 
fill the conditions set forth in the preceding sections of this article shall be en- 
titled to receive the benefits of this article, regardless of the number of libra- 
ries already established in the county in which the school is located, until 
the aforesaid balance of each biennial appropriation available for the pur- 
pose is exhausted. 

Rev., s. 4178; 1901, c. 662, s. 12; 1903, c. 226, s. 8; 1905, c. 381, ss. 8, 9. 

5627. General appropriations of additional state funds. The sum of 

seven thousand five hundred dollars of the appropriation for the public 
schools of the state is hereby biennially appropriated and set apart to be ex- 
pended by the state board of education under the provisions of this article. 
Of each biennial appropriation a sum not exceeding five thousand dollars may 
be expended by the state board of education in the establishment of new libra- 
ries and a sum not exceeding two thousand five hundred dollars may be ex- 
pended by the state board in the enlargement of libraries according to the 
provisions of this article. Any balance of the biennial appropriation of two 
thousand five hundred dollars for the enlargement of libraries remaining in 
the hands of the state treasurer at the end of each biennial period shall be 
used for the establishment of new libraries in accordance with the provisions 
of this article. 

Rev., s. 4179 ; 1901, c. 662, s. 11 ; 1903, c. 226, s. 7 ; 1905, c. 381, s. 7 ; 1909, c. 525, s. 7. 

5628. Exclusion of cities and towns from benefits of article. No school 
district in any incorporated town with a population exceeding one thousand 
persons shall receive any moneys under the provisions of this article. 

Rev., s. 4178; 1905, c. 381, s. 9. 

ART. 31. SCHOOL EXTENSON WORK 

5629. Moving pictures for rural communities; cost. It shall be the duty 
of the state superintendent of public instruction to provide for a series of 
rural entertainments, varying in number and cost and consisting of moving 
pictures selected for their entertaining and educational value, which enter- 
tainments may be given in the rural schoolhouses of the state as herein pro- 
vided. The cost of such entertainment shall be borne one-third by the state 
and two-thirds by the board of education or the rural school community 
desiring said entertainment. 

1917, c. 186, ss. 1, 2. 

5630. State superintendent to supply information and provide for enter- 
tainments; community deposit. It shall be the duty of the state superin- 
tendent of public instruction to inform the various county boards of education 



Public School Law of ^oeth Cakolina 67 

of the number, character, and cost of the entertainments provided by him un- 
der the provisions of this article; and upon application of any county board 
of education, agreeing to pay two-thirds of the cost of any such entertain- 
ments, it shall be the duty of the state superintendent of public instruction to 
provide for the giving of such entertainments in the rural schoolhouse or 
houses designated in the application. Any rural school community shall be 
entitled to the benefits of this article by depositing with its county board of 
education two-thirds of the cost of en^"ertainments desired, and in all cases 
it shall be the duty of the county board of education receiving such deposits 
to make immediate application to the state superintendent of public instruc- 
tion as herein provided. 

1917, c. 186, s. 3. 

5631. Health and agricultural authorities to cooperate. The state board 
of health and the commissioner of agriculture are hereby authorized and di- 
rected to cooperate with the state superintendent of public instruction in ar- 
ranging for the entertainments provided for by this article to the end that 
the entertainment may, if it is deemed advisable, include the subjects of pub- 
lic health and agriculture. 

1917, c. 186, s. 4. 

5632. Appropriation. In order to carry out the provisions of this article 
the sum of twenty-five thousand dollars per annum is hereby appropriated 
out of the general funds of the state not otherwise appropriated, to be ex- 
pended by the state board of education under the direction and supervision of 
the state superintendent of public instruction. 

1917, c. 186, s. 5. 

SUBCHAPTEE Y. TEACHEES, TEAHSTIIs^G, CEETIFICATIOI^, 

employme:n't, duties, and salaeies 

ART. 32. STATE BOARD OF EXAMINERS AND INSTITUTE 
CONDUCTORS 

5633. Board constituted; membership; terms; vacancies. There shall be 
and is hereby constituted a state board of examiners and institute conductors, 
which shall consist of six members — three men and three women — of recog- 
nized ability, character, professional training, and successful experience in 
teaching or in supervising schools, to be designated as institute conductors. 
They shall be appointed by the governor, three for a term of two years, three 
for a term of four years, and their successors for a term of four j'ears. All 
vacancies occurring in the membership of the board by death or resignation 
or otherwise shall be filled in the same manner for the unexpired term. 

1917, c. 146, s. 1. 

5634. Chairman and secretary ex officio. The state superintendent of 
public instruction shall be ex officio chairman of the board, and the state 
for the colored race and for the Cherokee Indians shall be ex officio secretary, 
supervisor of teacher-training and superintendent of the state normal schools. 

1917, c. 146, s. 1. 

Note. — See art. 21 above and Salaries and Fees, sec. 21, note. 

5635. Salaries of members. The salary of each institute conductor shall 
be fixed by the state board of education, upon the recommendation of the ex- 



68 Public School Law of ISTorth Carolina 

ecutive committee of the North Carolina teachers' assembly, at a sum not to 
exceed three thousand dollars per year, exclusive of expenses. 

1917, c. 146, s. 1 ; 1919, c. 247, s. 5. 

5636. Removal of members; appeal. For immoral conduct, incompetency, 
failure to perform duty, or other good and sufficient cause, the state board of 
education may remove from office any member of said board of examiners and 
institute conductors, after due notice in writing to said member of the 
charges, who shall be given at least five days to appear and answer and ofCer 
evidence, and who shall have the right of appeal from the action of the state 
board of education to the courts of the state. 

1917, c. 146, s. 1, 

5637. Supervision of teacher-training. In cooperation with the supervisor 
of teacher-training and superintendent of the state normal schools for the 
colored race and for the Cherokee Indians, the board of examiners and in- 
stitute conductors shall plan, direct, and supervise the work of those schools, 
and shall have general direction and supervision of the work of all teachers' 
associations and reading circles and of such other work as may be deemed 
necessary for professional training and home study for teachers. 

1917, c. 146, s, 7. 

5638. County teachers' institutes. The board of examiners and institute 
conductors shall plan, direct, and the six members of the board designated 
above as institute conductors shall conduct, biennially in each county in 
North Carolina, a county teachers' institute for not less than two weeks for 
the public school teachers of that county, at such time and place therein as 
may be designated by the board, having due regard in fixing the time and place 
to the convenience of the teachers and the recommendations of the county 
board of education and county superintendent. 

1917, c. 146, s. 8. 

5639. Substitute for two weeks institute authorized. The state board of 
examiners and institute conductors is authorized to provide in lieu of the two 
weeks county institute, teacher-training courses in public high schools, county 
summer schools for teachers, or such other means for increasing the efficiency 
of the teachers in the schools of the state, and to make all needful rules and 
regulations governing the same: Provided, that not more than one-half of 
the cost of maintaining the same shall be paid out of the state public school 
fund. 

1919, c. 102, s. 12. 

5640. Attendance of teachers required; penalty for failure. All public 
school teachers of the state, urban and rural, including all public high school 
teachers, principals, supervisors, and superintendents, are hereby required 
to attend biennially some county institute continuously for two weeks or 
some summer school for teachers accredited by said board, continuously for 
one entire term of such summer schools, unless excused from attendance by 
said board for sickness evidenced by the certificate of a physician, or for 
other cause adjudged by the board to be providential. Failure to attend such 
institute or accredited summer school, unless so excused, shall debar any 
person so failing from teaching or supervising in any public school, high 
school, urban or rural, until such person shall have attended some county 
institute or summer school as herein required ; and the board is authorized 



Public School Law of I^orth Carolina 69 

to cancel the certificate of any person failing to comply with the provisions 
of this section. 

1917, c. 146, s. 8. 

5641. Separate and joint institutes; negro assistants. The board of ex- 
aminers and institute conductors shall provide for separate county institutes 
for the teachers of each race, and is further authorized to provide for joint 
county institutes for two or more counties for the teachers of either race, and 
to provide for holding the county institute of any county in which an accred- 
ited summer school is conducted in conjunction with said summer school. 
The board is hereby authorized to employ competent negro teachers to assist 
in conducting the county institutes for negro teachers and to fix their com- 
pensation, which shall be paid out of the funds provided in this article. 

1917, c. 146, ss. 8, 11. 

5642. Schedule of institutes. The schedule of institutes shall be arranged 
annually so as not to interrupt the regular session of the public schools, rural 
or urban, in any county, except with the consent of the county board of edu- 
cation or the trustees of urban schools operated under special charters. 

1917, c. 146, s. 8. 

5643. Examinations, accrediting, and certificates. The board of exam- 
iners and institute conductors shall have entire control of examining, accred- 
iting without examination, and certificating all applicants for the position of 
teacher, principal, supervisor, superintendent, and assistant superintendent 
in all public elementary and secondary schools of North Carolina, urban and 
rural. The board shall prescribe rules and regulations for examining, ac- 
crediting without examination, and certificating all such applicants for the 
renewal and extension of certificates and for the issuance of life certificates. 

1917, c. 146, s. 2. 

5644. Certificate prerequisite to employment. No person shall be em- 
ployed or serve in the public schools as teacher, principal, supervisor, superin- 
tendent, or assistant superintendent who shall not be certificated for such 
position by the board of examiners and institute conductors in accordance 
with the law. 

1917, c. 146, s. 2. 

5645. Teacher must be eighteen. No certificate to teach shall be issued 
to any person under eighteen years of age. 

Rev., s. 4163. 

5646. Second and third grade certificates. The examination and certifi- 
cation of all applicants for second and third grade certificates shall be under 
the control of the county superintendent of each county or of the town or 
city superintendent of each town or city system operated under any special 
acts or charter. 

1917, c. 146, s. 2. 

5647. Approval of certificates; refusal of approval; appeal and review. 

No certificate issued by the board shall be valid until approved and signed by 
the county superintendent of the county or the city superintendent of the city 
in which the examination of the holder of said certificate was held, or in the 
schools of which the holder of said certificate, if issued without examination, 
applies to teach. Any certificate when so approved by said county or city 
superintendent shall be of state-wide validity, and in case such county or city 



70 Public School Law of I^oeth Carolina 

superintendent shall refuse to approve and sign any such certificate, he shall 
notify the secretary of the state board of examiners and institute conductors 
and state in writing the reasons for such refusal. The said board of exam- 
iners and institute conductors shall have the right, upon appeal by the holder 
of said certificate, to review and investigate and finally determine the matter. 

1917, c. 146, s. 2. 

5648. Certificates heretofore granted; renewals. All state high school 
certificates, five-year state elementary school certificates, and first grade 
county certificates in force on March fifth, nineteen hundred and seventeen, 
shall continue in force until the date of their expiration as stated in each cer- 
tificate, after which the present holders of such certificates shall be subject 
to such rules and regulations as the state board of examiners and institute 
conductors may adopt in regard to the issuance or renewal, with or without 
examination, of certificates of the same class. 

1917, c. 146, s. 3. 

5649. Temporary and permanent certificates to superintendents and 
assistants. The board of examiners and institute conductors shall issue to 
all city superintendents, to all county superintendents, and to all assistant 
superintendents in service on March fifth, nineteen hundred and seventeen, 
temporary superintendents' or assistant superintendents' certificates without 
examination, and prescribe rules and regulations for the renewal and exten- 
sion of the same. In cases of undoubted fitness, competency, and progressive 
efficiency, evidence of which shall be submitted in writing to said board, it 
shall issue to all such superintendents and assistant superintendents a perma- 
nent certificate without examination, under such rules and regulations as it 
may adopt. 

1917, c. 146, s. 3. 

5650. Teachers to be listed July 1, 1917; may be certified. On or before 
July first, nineteen hundred and seventeen, the superintendent or other super- 
vising officer of every city, town, or other specially chartered school that now 
has power and authority to elect teachers without a county or state certificate 
shall file with the state board of examiners and institute conductors a com- 
plete list of the names of all teachers, principals, and supervisors in service 
in the school or schools under his supervision during the school year ending 
June thirtieth, nineteen hundred and seventeen, together with a certified 
statement from them and from said superintendent or supervising officer of 
the qualifications, preparation, professional training, and teaching experience 
of each, and the recommendation of said superintendent or supervising officer 
as to the grade of certificate to which each is entitled. Whereupon the state 
board of examiners and institute conductors may authorize and cause to be 
issued to such teachers, principals, and supervisors, without examination, a 
permanent certificate of the grade recommended, subject, however, to the 
rules and regulations of said board for keeping permanent certificates in force. 

1917, c. 146, s. 3. 

5651. Questions for examination; lists printed and distributed. The state 
board of examiners and institute conductors shall prepare questions for the 
examinations authorized under this article, and the state superintendent of 
public instruction shall cause lists of the questions so prepared to be printed, 
and shall, before the date of such examination, send in sealed packages, not 
to be opened until the day of the examination, to each superintendent or other 



Public School Law of iSToRTH Carolii^a 71 

person appointed to conduct said examinations in the various counties or 
cities of the state, a sufficient number of such lists. 

1917, c. 146, s. 4. 

5652. Dates for examinations; special examinations. The second Tues- 
day in April, July, and October of each year is hereby designated for said ex- 
aminations, which may be continued from day to day for three successive 
days, under such rules and regulations as said board may adopt ; but no exami- 
nation shall commence on any other day than the first day of each period 
mentioned in this section, and no examination shall be held at any other time. 
The board may in its discretion provide for special examinations to be con- 
ducted by such persons as it may appoint. 

1917, c. 146, s. 4. 

5653. Conduct of examinations; transmission of papers. The examina- 
tions shall be conducted by the county superintendent of each county for all 
applicants in his county, and in cities and towns of two thousand or more 
inhabitants the examinations for applicants for positions in the schools under 
their supervision may be conducted by the licensed superintendents of the 
schools in such cities and towns. All examinations of applicants for super- 
tendents' certificates shall be conducted by the state board of examiners and 
institute conductors under such rules and regulations as it may adopt there- 
for. All examination papers shall be promptly transmitted to the secretary 
of the state board of examiners and institute conductors. 

1917, c. 146. s. 4. 

5654. Temporary local certificates. Upon the recommendation of the 
superintendent concerned, said board may grant a temporary certificate or 
permit, valid in the county or city designated, to any teacher who, at the 
time of the last preceding examination, was not in the state, or who at such 
time was prevented by illness from taking the examination, as evidenced by 
the certificate of a physician. Such temporary certificate or permit, however, 
shall be valid only from the date of issuance to the date on which the state 
board of examiners and institute conductors shall make their report upon 
applicants at the next meeting succeeding regular examination, and no such 
temporary certificate or permit shall be renewed. 

1917, c. 146, s. 4. 

5655. Assistants to board; stenographer; printing. The board may, with 
the approval of the state board of education when adjudged by it absolutely 
necessary, employ competent persons to assist in the reading and grading of 
examination papers, and shall fix the compensation of such persons not to 
exceed five dollars a day for the time employed, to be paid upon the requisi- 
tion of the chairman of the board out of the funds provided under this article. 
The board is authorized to employ a stenographer at such compensation as 
it may fix, and to have done as public printing by the state printer all printing 
necessary for its work. 

1917. c. 146. s. 5. 

5656. Employment of persons without certificate unlawful; appropria- 
tion withheld; salaries not paid. After July first, nineteen hundred and 
seventeen, it shall be unlawful for any board of trustees or school committee 
of any public school that receives any public school money from county or state 
to employ or keep in service any teacher, superintendent, principal, super- 
visor, or assistant superintendent that does not hold a certificate in compli- 



72 Public School Law of !N'okth Carolina 

ance with the provisions of the law. Upon notification by the state board of 
examiners and institute conductors to the state board of education or to the 
county board of education that any school committee or board of trustees is 
employing or keeping in service a teacher, supervisor, principal, superinten- 
dent, or assistant superintendent in violation of the provisions of this sec- 
tion, the state board of education shall withhold from such coimty any and all 
appropriations from the state treasury for such school, and said county 
board of education shall withhold from said school any and all appropria- 
tions from the county school fund until compliance with the law. 

The county, town, or city superintendent or other official is forbidden to ap- 
prove any voucher for salary for any person employed in violation of the pro- 
visions of this section, and the treasurer of the county, town, or city schools is 
hereby forbidden to pay out of the school fund the salary of any such person : 
Provided, that nothing herein shall prevent the employment of temporary 
substitute or emergency teachers under such rules as the state board of ex- 
aminers an institute conductors may prescribe. 

1917, c. 146, s. 6. 

5657. Classes of first-grade certificates. There shall be the following 
classes of first grade certificates: (1) Superintendents' and assistant super- 
intendents'; (2) High school principals'; (3) High school teachers'; (4) 
Elementary school teachers'; (5) Elementary supervisors'; and (6) Special. 
The state board of examiners and institute conductors may subdivide and 
shall define in detail the different classes of first grade certificates, determine 
the time of their duration and validity, prescribe the standards of scholar- 
ship for same, and the rules and regulations for the examination for them 
and for their issuance, and their renewal or extension. 

1917, c. 146, s. 9. 

5658. Misdemeanor to tamper with examination questions. Any person 
who purloins, steals, buys, receives, or sells, gives, or offers to buy, give, or 
sell any examination questions or copies thereof of any examination provided 
and prepared by law before the date of the examination for which they shall 
have been prepared, shall be guilty of a misdemeanor, and upon conviction 
thereof shall be fined or imprisoned, or both, in the discretion of the court. 

1917, c. 146, s. 10. 

ART. 33. TEACHERS' HEALTH CERTIFICATE 

5659. Health certificate required for teachers. Any person teaching in 
the public schools of the state, or occupying the position of superintendent of 
public instruction in any county in the state, after the first day of October, 
one thousand nine hundred and nineteen, shall secure each year before as- 
suming his or her duties a certificate from the county physician, or other 
reputable physician of the county, certifying that the said person has not an 
open or active infectious state of tuberculosis, or any other contagious disease. 

The physician shall make the aforesaid certification on a form supplied by 
the North Carolina state board of health, and without charge to the teacher 
applying for the certification. 

1919, c. 177, 88. 1, 2. 

5660. Violation of article a misdemeanor. Any person violating any of 
the provisions of this article shall be guilty of a misdemeanor and subject 



Public School Law of J^oeth Carolina 73 

to a fine of not more than fifty dollars nor more than thirty days imprison- 
ment. 

1919, c. 177. s. 3. 

ART. 34. EMPLOYMENT OF TEACHERS 

5661. School committee employs and dismisses; hearing before dismissal. 

The school committee shall have authority to employ and dismiss teachers, 
but no teacher shall be dismissed until charges shall have been filed in writ- 
ing with the county superintendent, and after a hearing shall have been had 
before the committee of the district in which the teacher is teaching, after 
two days notice to the teacher. 

Rev., s. 4161; 1907, c. 835, s. 1 (h). 

5662. Committee meeting before employment. The committee shall meet 
at convenient times and places for the employment of teachers for the public 
schools and no teacher shall be employed by any committee except at regu- 
larly called meeting of such committee, due notice of such meeting having been 
given at three public places by the committee. The county board of educa- 
tion shall fix annually a day and place in each township for the meeting of 
the township or district committeemen of said townships. The committee- 
men, thereupon, in conference with the county superintendent, with whom 
applications must have been previously filed by all applicants, select the 
teachers for their respective schools. 

Rev., 4161 ; 1913, c. 149, s. 1 (f ) ; 1919, c. 254, s. 18. 

5663. Ineligibility of members of committee. No person while serving 
as a member of any township or district committee or county board of edu- 
cation shall be eligible to be elected as a teacher of any school, and should 
such person be elected said election is hereby declared null and void. 

1919, c. 254, s. 7. 

5664. County superintendent must approve election and sign salary 
vouchers. No election of any teacher or assistant teacher shall be deemed 
valid until such election has been approved by the county superintendent. 
The county superintendent must sign all vouchers for teachers' salaries. No 
voucher for the salary of a teacher of any school shall be signed by any 
county superintendent unless a copy of such teacher's contract has been filed 
with him as herein provided, and unless he shall have received satisfactory 
evidence that such teacher has been elected in stri'^t accordance with the law. 

Rev., 8. 4161; 1913, c. 149, s. 1 (f). 

5665. Limitation on period and amount of teacher's contract. No con- 
tract for teachers' salaries shall be made during any year to extend beyond the 
term of office of the committee, nor for more money than accrues to the credit 
of the district for the fiscal year during which the contract is made. 

Rev., s. 4161. 

ART. 35. DUTIES OF TEACHERS 

5666. To maintain order and encourage virtue; to dismiss pupils. It shall 
be the duty of all teachers of free public schools to maintain good order and 
discipline in their respective schools ; to encourage morality, industry, and 
neatness in all of their pupils, and to teach thoroughly all branches which 
they are required to teach. Pupils who wilfully and persistently violate the 



74 Public School Law of Noeth Carolina 

rules of the school and any of immoral life and character shall be dismissed 
by the teacher. 

Rev., s. 4166; 1901, c. 4, s. 63. 

5667. Records and reports of teachers. 1. Every teacher or principal of 
a school to which aid is given under this chapter shall keep such record and 
classification of pupils as shall be prescribed by the state superintendent of 
public instruction or the county board of education. 

2. At the end of every term of a public school the teacher or principal of 
the school shall exhibit to the school committee a statement of the number 
of pupils, male and female, the average daily attendance, the number of 
pupils completing the elementary grades, the length of term and the time 
taught. But monthly, and, if required by the county snuperintendent, weekly, 
statements and reports shall be made by the teacher to the committee and 
to the county superintendent. 

3. At the end of every term, and when requested at other times, every 
teacher or principal shall report to the county superintendent in such form 
and manner and on such blanks as shall be furnished by the county superin- 
tendent or state superintendent. The report shall contain a statement as 
to the length of term of the school, the race for which it was taught, the 
number, the sex, and average daily attendance of the pupils, and the num- 
ber of the district in which the school is taught; the number of children on 
census blank not attending any school, number of children under seventeen 
years of age not attending any school, stating some causes why they did not 
attend ; how many families having children of school age who did not send 
any of their children to school ; how many families did, stating what personal 
effort has been made to get the children to attend school. The county su- 
perintendent shall not approve the final voucher for the salary of any teacher 
or principal until all reports have been made according to law and until the 
register has been properly filled out and filed with him. 

4. The principal or superintendent of every school or institution of learn- 
ing supported in whole or in part by public funds shall report to the state 
superintendent at such time and in such form as he may direct. 

Rev., ss. 4164, 4165; 1911, c. 135, s. 1 (f) ; 1913, c. 149, s. 1 (e). 

ART. 36. SALARIES OF TEACHERS 

5668. Salaries to be paid each class. Teachers with first grade certifi- 
cates may receive such compensation as shall be agreed upon. Teachers with 
second grade certificates shall receive not more than forty-five dollars per 
month out of the public fund. Teachers with third grade certificates shall 
receive not more than twenty dollars per month, but no third grade certifi- 
cate shall be renewed, and no holder of a third grade certificate shall be 
employed except as an assistant teacher. No teacher shall receive any 
compensation for a shorter term than one month, unless providentially hin- 
dered from completing the term. Twenty school days of not less than six 
hours nor more than seven hours each day shall be a month. The school 
term shall be continuous, as far as practicable. The county board of edu- 
cation shall fix, within the limits above prescribed, the maximum salary to 
be paid to teachers in each school in the county. 

Rev., s. 4163; 1911, c. 135, s. 1 (e) ; 1919, c. 254, s. 15.- 

5669. Payment of salaries. If the committee is satisfied that the pro- 
visions of this chapter have been complied with, they shall give an order on 



Public School Law of I^orth Carolina 75 

the treasurer of the county school fund, payable to such teacher, for the full 
amount due for services rendered. Orders on the treasurer shall be valid 
when signed by two members of the committee and countersigned by the 
county superintendent. The county board of education of every county is 
authorized and directed to provide for the prompt payment of all teachers' 
salaries due at the end of each school month. 

Rev., B. 4164; 1913, c. 149, s. 1 (j). 

Note. — Salary vouchers must be signed by the county superintendent, see above, sec. 5664. 



SUBCHAPTEK YI. SCHOOL BUILDIJSTGS; LOA^S A:^rD 
BOOTHS THEEEFOE 

ART. 37. BUILDING, REPAIRING, AND CONTRACTS FOR 
SCHOOLHOUSES 

5670. Contracts for schoolhouses ; county board to pay one-half cost. The 

building of new schoolhouses shall be by contract with the county board of 
education. The board shall pay not exceeding one-half of the cost of the 
same out of the fund set aside for building, under section 5487 of this chap- 
ter, and the school district in which any schoolhouse is erected shall pay the 
other part, and upon failure of such district to provide its part by private 
subscription or otherwise, the board is directed to take it out of the appor- 
tionment to that district ; but the board shall not be authorized to invest any 
money in any new house that is not built in accordance with plans approved 
by the state superintendent of public instruction. All contracts for build- 
ings shall be in writing, and all buildings shall be inspected, received, and 
approved by the county superintendent of public instruction before full pay- 
ment is made therefor. 

Rev., s. 4124 ; 1903, c. 435, s, 4. 

ART. 38. LOANS FOR SCHOOLHOUSE BUILDING 

5671. Made by state board from state literary fund. The state board of 
education, under such rules and regulations as it may deem advisable, not 
inconsistent with the provisions of this chapter, may make loans from the 
state literary fund to the county board of education of any county for the 
building and improving of public schoolhouses or dormitories for rural high 
schools and teacherages and buildings for county farm-life schools in such 
county ; but no warrant for the expenditure of money for such purposes 
shall be issued by the auditor except upon the order of the state superinten- 
dent of public instruction, with the approval of the state board of education. 

Rev., s. 4053 ; 1903, c. 567, ss. 1, 2, 8 ; 1913, c. 149, s. 1 (g) ; 1919. c. 254. s. 1. 

5672. Appropriation from loan fund for free plans and inspection of 
school buildings. The state board of education may annually set aside 
and use out of the funds accruing to the interest of said state loan fund a 
sum not exceeding two thousand dollars, to be used for providing plans for 
modern school buildings to be furnished free of charge to districts, for pro- 
viding proper inspection of school buildings and the use of state funds, and 
for such other purposes as said board may determine, to secure the erection 
of a better type of school buildings and the better administration of said state 
loan fund. 

1919, c. 254, s. 21. 



76 Public School Law of I^orth Carolina 

5673. Terms of loans. Loans made under the provisions of this article 
shall be payable in ten installments, shall bear interest at four per centum, 
payable annually, and shall be evidenced by the note of the county board of 
education, executed by the chairman and secretary thereof, and deposited 
with the state treasurer. The first installment of such loan, together with 
the interest on the whole amount then due, shall be paid by the county board 
on the tenth day of February after the tenth day of August subsequent to 
the making of such loan, and the remaining installments, together with 
the interest, shall be paid, one each year, on the tenth day of February of 
each subsequent year till all shall have been paid. 

Rev., s. 4054; 1903, c. 567, s. 3. 

5674. How secured and paid. At the January meeting of the county 
board of education, before any installment shall be due on the next tenth 
day of February, the county board shall set apart out of the school funds 
an amount sufficient to pay such installment and interest to be due, and shall 
issue its order upon the treasurer of the county school fund therefor, who, 
prior to the tenth day of February, shall pay over to the state treasurer the 
amount then due. And any amount loaned under the provisions of this law 
shall be a lien upon the total school funds of such county, in whatsoever 
hands such funds may be ; and upon failure to pay any installment or interest, 
or part of either, when due, the state treasurer may deduct a sufficient 
amount for the payment of the same out of any fund due any county from 
any special state appropriation for public schools, or he may bring action 
against the county board of education of such county, any person in whose 
possession may be any part of the school funds of the county, and the tax 
collector of such county; and if the amount of school fund then on hand be 
insufiicient to pay in full the sum so due, then the state treasurer shall be 
entitled to an order directing the tax collector of such county to pay over to 
the state treasurer all moneys collected for school purposes until such debt 
and interest shall have been paid. 

Rev., s. 4055; 1903, c. 567, s. 3. 

5675. Loans by county boards to school districts. The county board of 
education, from any sum borrowed under the provisions of this article, may 
make loans to any district in such county for the purpose of building school- 
houses in such district, and the amount so loaned to any district shall be 
payable in ten annual installments with interest thereon at four per centum, 
payable annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has borrowed 
under the provisions of this article the installment and interest then due, and 
shall continue to deduct such amoimt at each annual January meeting until 
the whole amount shall have been paid, together with interest. 

Rev., s. 4056; 1903, c. 567, s. 5. 

ART. 39. BONDS FOR SCHOOLHOUSES IN COUNTIES, TOWNSHIPS, 
AND SCHOOL DISTRICTS 

5676. Election upon petition of county board. The board of county com- 
missioners of any county in the state shall, upon the petition of the county 
board of education, order an election after thirty days notice at the court- 
house door and a publication of four weeks in some newspaper published in 
the county, to be held in any county, township, or school district which em- 



Public School Law of ]^okth Caeolina 77 

braces an incorporated town or city, or in which there is maintained a publi<! 
high school, to ascertain whether the voters in said county, township, oi 
school district are in favor of issuing bonds for the purpose of building, 
rebuilding and repairing schoolhouses and furnishing the same with suitable 
equipment. 

1915, c. 55. s. 1. 

5677. Contents of petition and order of election. The amount of bonds 
to be issued and the rate of interest they are to bear, which shall not be more 
than six per cent per annum, payable semiannually, and the length of time 
the bonds are to run, which shall not be more than twenty years, and the 
maximum tax that may be levied, which shall not exceed thirty cents on the 
one hundred dollars and ninety cents on the poll, shall be set forth in the 
petition of the county board of education and in the order for the election 
made by the board of county commissioners. 

1915, c. 55, s. 1. 

5678. Limit of amount of bonds. In no case shall the bonds authorized 
under this article for an entire county exceed the sum of one hundred thou- 
sand dollars, nor for a township or school district the sum of twenty-five 
thousand dollars, but the bonds for a township or school district may be in 
addition to the bonds for the entire county. 

1915, c. 55, s. 1. 

5679. Petition for second election. Upon petition of one-fourth of the 
resident freeholders in any county, township, or school district in which one 
election has previously been held and carried for a bond issue and tax under 
this article, a second election for increasing the bond issue and tax therefor, 
in said county, township, or school district for the purposes herein specified, 
not to exceed the maximum bond issue and tax herein fixed, shall be called 
and held in the manner herein prescribed for holding the first election. 

1917, c. 142. 

5680. Law governing election; ballots. The election for an entire county 
shall be held under the rules and regulations governing general elections as 
near as may be, and if for a township or school district, then under the rules 
and regulations governing elections in special-tax districts as prescribed 
under article 18 of this chapter, entitled Special Tax in Special School Dis- 
trict; but whether the election be for a county or for a township or for a 
school district a new registration shall be ordered. At said election those 
favoring the issuance of bonds and the levying of a special tax shall vote 
a ballot on which shall be printed the words "For Schoolhouse Bonds," and 
those who are opposed shall vote a ballot on which shall be printed the 
words "Against Schoolhouse Bonds." The expenses of holding such elec- 
tions shall be paid out of the general school fund of the county. 

1915, c. 55. s. 2. 

5681. Issuance of bonds and levy of special t^x. If a majority of the 
qualified voters shall vote "For Schoolhouse Bonds," then it shall be the duty 
of the board of county commissioners to issue bonds not exceeding the amount 
specified in the order of election as the county board of education may re- 
quest, and shall thereafter annually levy a suflQcient tax not exceeding the 
amount specified in the order of election to pay the interest on said bonds 
and create a sinking fund suflScient to pay the principal and interest on said 
bonds when they fall due. 

1916, c. 55. 8. 3. 



78 Public School Law of N^orth Carolina 

5682. County board to sell bonds; disposal and investment of funds. The 

said bonds when so issued shall be delivered to the county board of education, 
who shall sell the same for not less than par and hold the proceeds for the 
benefit of the county building fund if the election be for the entire county or 
for the benefit of the township or school district in which the election was 
held. The said fund shall be paid out upon the order of the committee or 
trustee of the township or school district to which the fund belongs, and upon 
order of the board of education if the fund belongs to the entire county. 
The sinking fund provided for by this article shall be invested by the county 
board of education in safe securities, or may be deposited in the bank that 
will pay as much as four per cent per annum compounded quarterly, and 
will give a sufficient bond for the safety of such deposit. The funds de- 
rived from the sale of bonds for the benefit of any school district having a 
bonded treasurer shall be deposited with said treasurer to the credit of such 
district : Provided, however, that no treasurer handling the funds derived 
from the sale of bonds voted under the provisions of this article shall receive 
any commisssion therefor. 

1915, c. 55, s. 4; 1917, c. 285, s. 7. 

5683. Collection of taxes; liability of officers. The taxes levied here- 
under shall be collected by the sheriff or other officer charged with the col- 
lection of other taxes, and they shall in respect thereto be liable officially as 
well as personally to all requirements of the law now or hereafter to be pre- 
scribed for the faithful collection and payment of other county taxes. 

1915, c. 55, s. 5. 

ART. 40. BONDS FOR SCHOOLHOUSES IN CITIES AND TOWNS 

5684. Authorities to issue bonds. Whenever the board of aldermen or 
other duly constituted authority of any incorporated town or city in the state, 
which is in charge of the finances, shall deem it necessary to purchase lands or 
buildings or to erect additional buildings for school purposes, the said board 
of aldermen or other authority is authorized and empowered to issue for 
said purposes, in the name of the town or city, bonds of such amount as the 
board of aldermen or other authority shall deem necessary in such denomi- 
nations and forms as the board of aldermen or other authority may deter- 
mine. 

1915, c. 81, s. 1. 

5685. Maturity of the bonds; interest. The time of payment of the 
principal of these bonds shall not be more than thirty years from the date 
thereof. The bonds shall be serial bonds, the proportionate parts thereof 
being payable annually during the term for which they are issued. The 
bonds shall bear interest at no greater rate than six per cent per annum, 
payable semiannually. 

1915, c. 81, ss. 1, 2. 

5686. Authentication; sale of bonds; exempt from taxation. The bonds 
shall be signed by the mayor, attested by the town or city clerk or treasurer, 
and sealed with the corporate seal of said town or city, and shall bear the 
signature of the town or city clerk and treasurer written, engraved, or litho- 
graphed. The bonds shall be sold at either public or private sale, with or 
without notice, as the said board of aldermen or other authority may deter- 
mine. In no case shall the bonds be sold, hypothecated, or otherwise dis- 



Public School Law of jSTorth Carolina 79 

I)osed of for less than their par value. The purchaser of said bonds shall 
not be bound to see to the application of the purchase money. Said bonds 
and their coupons shall be exempt from town or city taxation until after 
they become due, and the coupons shall be receivable in payment of town or 
city taxes. 

1915, c. 81. ss. 2, 3. 

5687. Special tax for payment of interest and principal. The board of 
aldermen or other proper authorities of said towns and cities is authorized 
to levy and collect each year, in addition to all other taxes in said city, an 
ad valorem tax upon all the taxable property and polls, observing the con- 
stitutional ratio, in said city, sufficient to pay the interest on said school 
bonds as the same become due, and also at or before the time when the prin- 
cipal of said bonds become due a further uniform ad valorem tax upon all 
taxable property and polls, observing the constitutional ratio, in said city, 
sufficient to pay the same or provide for the payment thereof. Such taxes 
shall be levied and collected at the same time and in the same manner as 
other taxes are levied and collected in said city. The taxes collected under 
this section for the payment of said bonds and coupons shall be used for no 
other purpose, and it shall be the duty of the clerk and treasurer of the town 
or city, as the coupons are paid off and taken up, to cancel the same and re- 
port not less than twice a year to the board of aldermen or other proper 
authority the numbers and amounts of the coupons so canceled. 

1915, c. 81, s. 4; 1917, c. 130, s. 1. 

5688. Bond issue submitted to election. The question of the issue of said 
bonds shall be submitted to a vote of the qualified voters of each town or city 
at such time as the board of aldermen or other proper authority of the town 
or city shall determine under the rules and regulations prescribed for the 
election of the mayor and members of the board of aldermen of said city; 
the said board of aldermen or other authority shall cause a notice of said 
election and the purpose of same to be published in some newspaper of said 
town or city for thirty days before said election, and the clerk of the superior 
court of the county in which said town or city is located shall cause to be 
prepared and distributed at various polling places in the said town or city 
a sufficient number of printed ballots favoring the issue of said bonds and a 
like number against the same ; the said board of aldermen or other authority 
shall cause to be prepared and delivered at each polling place in the said 
town or city a ballot box indicating the purpose of the bond issue to be voted 
therein, as follows: "School bonds, $ " (stating the amount author- 
ized by the said board of aldermen or other authority). All qualified voters 
wishing to vote in favor of the issuing of said bonds and levying the taxes 
herein provided for, shall vote a written or printed ticket with the words 
"For School Bonds," and those wishing to vote against issuing said bonds 
and the levying of the taxes herein provided for shall vote a printed or writ- 
ten ticket with the words thereon "Against School Bonds." If a majority of 
said qualified voters shall vote "For School Bonds" on the proposition sub- 
mitted for issuing bonds for the purpose aforesaid, then it shall be deemed 
and held that the proposition receiving a majority of such qualified votes is 
favored and approve* by the majority of the qualified voters of such town or 
city, and the said board of aldermen or other authority of such town or city 
shall cause bonds to be prepared and issued for the purpose so approved of 



80 Public School Law of ]^oeth Carolina 

by a majority of the qualified voters of said town or city, and levy taxes in 
accordance with the provisions of this article. 

1915, c. 81, s. 5. 

5689. Registration for election. The registration for the election shall 
be, if the board of aldermen or other authority shall so order, the same as 
that which is or may be provided for the election of the mayor or other officers 
of said town or city; or the said board of aldermen or other authority may, 
in their discretion, order a new registration in the manner provided by law 
for new registration for election of said mayor and other officers, which new 
registration may be especially for said bond election. 

1915, c. 81, s. 6. 

5690. Application and construction of article. This article shall apply 
to towns or cities which have powers under special acts or charters as well 
as to those who derive their powers from the general law. This article shall 
not be deemed or construed to repeal or abridge any powers, rights, or privi- 
leges heretofore or hereafter granted by any special acts to any town or city, 
but shall be construed to grant additional powers where no such powers have 
been granted, or coordinate powers where such powers have already been 
or shall be granted. 

1915, c. 81, ss. 7, 8. 

SUBCHAPTER VII. TEXT-BOOKS * 

ART. 41. TEXT-BOOK COMMISSION AND SUBCOMMISSION ; 
SUBJECTS ; ADOPTION 

5691. Commission created; duty. The state board of education is hereby 
constituted a state text-book commission, whose duty it is, acting conjointly 
with the subcommission, to select and adopt a uniform series or system of 
text-books for use in the elementary public schools of the state, and who 
shall serve without compensation. The governor shall be ex officio president 
of such commission and the superintendent of public instruction its secretary. 

Rev., s. 4057; 1901, c. 1, ss. 1, 2, 7, 20; 1911, c. 118, s. 1 (a). 

5692. Term of office; powers; term of contracts. The commission shall 
maintain its organization during the five years of the continuance of the con- 
tract now in force. It may from time to time make any necessary regula- 
tions, not contrary to the provisions of this article, to secure the prompt dis- 
tribution of the books herein provided for, and the prompt and faithful per- 
formance of all contracts. At any time within six months before the expira- 
tion of the contracts now in force for furnishing books to the public schools, 
the commission may advertise for new bids or proposals, as required by this 
article, and enter into such contracts as they may deem best for the in- 
terest of the patrons of the public schools of the state. Any contract entered 
into or renewed shall be for the term of five years. 

Rev., ss. 4058, 4059; 1901, c. 1, s. 14; 1911, c. 118, ss. 1 (b), 1 (c). 

5693. Appointment of subcommission; compensation. It shall be the duty 
of the governor and the state superintendent of public instruction to appoint 
a subcommission of six members, to be selected from among the teachers or 
county superintendents actually engaged in school worfi in this state; and 
members of the suhcommission actually serving shall be paid a per diem of 
four dollars per day during the time that they are actually engaged in such 



Public School Law of J^oeth Carolina 81 

service, and in addition shall be repaid all money actually expended by them 
in payment of necessary expenses, to be paid out of the public funds of the 
state treasury, and they shall make out and swear to an itemized statement 
of such expenses. 

Rev., s. 4083; 1907, c. 835, s. 1 (b) ; 1911, c. 118, s. 1 (f). 

5694. Oath of subcommissioners. Each member of the subcommission, 
before entering upon the discharge of his duties, shall take and subscribe an 
oath to act honestly, conscientiously, and faithfully, and that he is not now, 
has not within two years prior to his appointment, been agent or attorney 
for or in the employment of or interested in any book or publishing house, 
concern, or corporation making or proposing to make bids for the sale of 
books, pursuant to the provisions of this article, and that he will carefully 
and faithfully examine all books submitted, and make true report thereon, 
as herein directed and prescribed. Such oath shall be filed in the office of 
the secretary of state. 

Rav., s. 4064; 1901, c. 1, s. 5. 

5695. Examination of books by subcommission. To the subcommission 
shall be referred all books sent to the state text-book commission as speci- 
men copies or samples upon which bids are to be based ; and it shall be the 
duty of the subcommission, in executive session, to examine and report upon 
the merits of the books, irrespective of the price, taking into consideration 
the subject-matter of the books, their printing, their material, and their me- 
chanical qualities, and their general suitability and desirability for the pur- 
poses for which they are desired and intended. 

Rev., s. 4065; 1901, c. 1, s. 3. 

5696. Report of subcommission. The subcommission shall report to the 
commission at such time as the commission shall direct, arranging each book 
in its class or division, and reporting books in the order of their merit, point- 
ing out the merits and demerits of each, and indicating what book it recom- 
mends for adoption first, what book is its second choice, and its third choice, 
and so on, pursuing this plan with the books submitted upon each branch of 
study ; and if the subcommission shall consider different books upon the same 
subject or of the same class or division of approximately even merit, all 
things being considered, it shall so report, and if it considers that any book 
offered is of such class as to make it inferior and not worthy of adoption, shall 
in its report to designate such book. In its report it shall make such recom- 
mendations and suggestions to the commission as it shall deem advisable 
and proper to make. 

Rev., s. 4065; 1901, c. 1, s. 4. 

5697. Opening and filing report. The report of the subcommission shall 
be kept secret and sealed up and delivered to the secretary of the commission, 
and shall not be opened up by any member of the commission until the com- 
mission and the subcommission shall meet in joint executive session to open 
and consider the bids or proposals of publishers or others desiring to have 
books adopted by the commission ; and when the commission shall have fin- 
ished with the report it shall be filed and preserved in the ottice of the super- 
intendent of public instruction and shall be open at all times for public in- 
spection. 

Rev., B. 4066; 1901, c. 1, bs. 4, 6; 1911, c. 118, s. 1 («) . 

6 



82 Public School Law of iN'oRTH Carolina 

5698. Character and requisites of books adopted. The uniform series of 
text-books to be selected by the commission and the subcommission shall in- 
clude the following branches of study, to wit: Orthography, defining, read- 
ing, writing, drawing, arithmetic, geography, grammar, language lessons, 
history of North Carolina containing the constitution of the state, history of 
the United States containing the constitution of the United States, physiology, 
liygiene, nature and effect of alcoholic drinks and narcotics, elements of civil 
government, elements of agriculture. None of such text-books shall contain 
anything of a partisan or sectarian character, and all shall be written or 
printed in English. 

Rev., s. 4060; 1901, c. 1, ss. 2, 8; 1911, c. 118, s. 1 (d). 

5699. Selection and adoption of books. The commission and subcommis- 
sion in their selection and adoption of a uniform series of text-books shall 
consider the merits of the books, taking into consideration their subject- 
matter, the printing, binding material, and mechanical quality, their general 
suitability and desirability for the purposes intended, and the price ; and shall 
give due consideration to the report and recommendation of the subcommis- 
sion. The text-book commisssion and the subcommission shall select and 
adopt such books as will, in their judgment, best accomplish the ends desired ; 
and in case any books are deemed by them suitable for adoption and more 
desirable than other books of the same class or division submitted, and in 
case they consider the price at which such books are offered to be unreasonably 
high, and that the same should be offered at a smaller price, they are hereby 
authorized and directed to notify immediately the publishers of such books 
of their decision, and request such reduction in price as they deem reasonable 
or just; and if they shall agree on a price with such publishers they may 
adopt such books; but upon failure to agree upon price, they shall use their 
sound judgment and discretion as to the adoption of those or of other books 
deemed by them to be the next best in the list submitted. 

Rev., s. 4067; 1901, c. 1, s. 6 ; 1911, c. 118, s. 1 (h). 

5700. Exclusive use of books adopted. The books adopted by the com- 
mission and subcommission as a uniform system of text-books shall be in- 
troduced and used as text-books, to the exclusion of all others, in all the free 
public schools in the state for a period of five years from the date of adop- 
tion ; and it shall not be lawful for any school officer, director, or teacher to 
use any books upon the same branches other than those adopted by the com- 
mission. Nothing herein shall prevent the use of supplementary books, but 
such supplementary books shall not be used to the exclusion of the books pre- 
scribed or adopted under the provisions of this article ; nor shall anything 
herein prevent the teaching in any school any branch higher or one more ad- 
vanced than is embraced in the section prescribing the character and re- 
quisites of books to be adopted, nor the use of any book upon such higher 
branch of study, but such higher branch shall not be taught to the exclusion 
of the branches enumerated in the second preceding section. 

Rev., s. 4061; 1901, c. 1, s. 16; 1911, c. 118, s. 1 (e). 

5701. Teacher allowing other books dismissed. If any teacher shall wil- 
fully use or permit to be used in his school any text-book upon the branches 
embraced in this article, where the commission has adopted a book upon that 
branch, other than the one so adopted, the county board of education shall 
discharge and cancel the certificate of such teacher or school superintendent; 



Public School Law of IN'oeth Carolina 83 

but they may use or permit to be used such book or books as may be owned 
by the pupils of the school at the time of the adoption until such books are 
worn out, not exceeding one year from the date of adoption. 

Rev., s. 4062 ; 1901, c. 1, s. 18. 

5702. Provision for purchase when contractor fails to supply. Nothing 
herein shall prevent or prohibit the patrons of the public schools throughout 
the state from procuring books in the usual way, in case no contract shall be 
made or the contractor fails or refuses to furnish the books provided for in 
this article at the time required for their use in the respective schools. 

Rev., s. 4062; 1901, c. 1, s. 17. 

5703. Advertisement for bids. At any time within six months before the 
expiration of the now existing contracts the commission shall advertise, in 
such manner and for such a length of time and at such places as may be 
deemed advisable, that at a time and place fixed definitely in the advertise- 
ment sealed bids or proposals will be received from the publishers of school 
text-books for furnishing books to the public schools in the state of North 
Carolina, through agencies established by the publishers in the several coun- 
ties, and in the several places in the counties of the state as may be provided 
for in such regulations as the commission may adopt and prescribe. The ad- 
vertisement shall also state in substance the requirements of the section pro- 
viding how bids are to be made and their contents, and shall reserve the right 
to the commission to reject all bids. 

Rev., s. 4068; 1901, c. 1, ss. 1, 7, 11, 14; 1911, c. 118, s. 1 (j). 

5704. Form and contents of bids. The bids or proposals shall be for fur- 
nishing books for a period of five years, and no longer, and no bid for a longer 
period shall be considered. The bids shall state specifically and definitely 
the price at which books are to be furnished and the exchange price at which 
such books are to be furnished, and shall be accompanied by ten or more speci- 
men copies of each and every book proposed to be furnished. It shall be re- 
quired of each bidder to deposit with the treasurer of the state a sum of 
money, such as the commission may require, not less than five hundred nor 
more than twenty-five hundred dollars, according to the number of books each 
bidder may propose to supply, and such deposits shall be forfeited absolutely 
to the state if the bidder making the deposit of any sum shall fail or refuse 
to make and execute such contract and bond, as is hereinafter required, within 
such time as the commission shall require. All bids shall be sealed and de- 
posited with the secretary of state, to be by him delivered to the commission 
when in executive session, for the purpose of considering the same, when they 
.shall be opened in the presence of the commission. It shall be the duty of the 
secretary of state to carefully preserve in his office, as the standard of qual- 
ity and excellence to be maintained in such book during the continuance of 
the contracts for furnishing the same, the specimen or sample copies of all 
books which have been the basis of any contract, together with the original 
bid or proposal. 

Rev., s. 4069; 1901, c. 1, ss. 7, 9. 10. 

5705. Bids and proposals may be rejected. The commission shall have 
and reserve the right to reject any and all bids or proposals if of the opinion 
that any or all should for any reason be rejected ; and in case it fail from 
among the bids or proposals submitted to select or adopt any books upon any 
of the branches prescribed by this article, may readvertise for sealed bids or 



84 Public School Law of I^orth Carolina 

proposals, under the same terms and conditions as before, and proceed with 
its investigations in all respects as in the first instance and as required by 
the terms and provisions of this article; and the commission shall have and 
reserve the same rights in cases of advertisement for and presentation of 
bids and proposals for manuscripts and unpublished books hereinafter pro- 
vided for in this article. 

Rev., s. 4070: 1901, c. 1, s. 11. 

5706. Adoption of manuscripts and unprinted books. In the event that 
the commission rejects the bid for furnishing any book, or in case it fail to 
adopt any books of the classes required, it may advertise for sealed bids or 
proposals from authors or publishers of text-books who have manuscripts of 
books not yet published, for prices at which they will publish and furnish in 
book form such manuscripts for use in the public schools of North Carolina, 
proceeding in like manner as in bids for furnishing books ; but the state it- 
self shall not under any circumstances enter into any contract binding it to 
pay for the publication of any book, but in the contract with the owner of 
the manuscript it shall be provided that he shall pay the compensation to the 
publisher for the publication and putting in book form the manuscript, together 
with the cost and expense of copyrighting the same. 

All such bids or proposals shall be accompanied with a cash deposit of 
from five hundred to twenty-five hundred dollars, as the commission may di- 
rect, and as heretofore provided in this article; and it is expressly provided 
that any person now doing business or proposing to do business in this state 
shall have the right to bid for the contract to be awarded hereunder in man- 
ner as follows: In response to the advertisement such person may submit 
his written bid to edit or have edited, published, and supplied for use in the 
public schools in this state any book provided for hereunder. Instead of 
filing with the bid or proposal a sample or specimen or copy of each book 
proposed to be furnished, he may exhibit to the commission, in manuscript or 
printed form, the matter proposed to be incorporated in any book, together 
with such a description and illustration of the form and style thereof as will 
be fully intelligible and satisfactory to the commission, or he may submit a 
book the equal of which in every way he proposes to furnish, and he shall 
accompany his bid or proposal with the cash deposit hereinbefore required. 
All such books and manuscripts shall be examined and reported upon by the 
subcommission before being adopted. 

Rev., s. 4071; 1901, c. 1, s. 11. 

5707. Commission to deliver sample books to subcommission. It shall be 
the duty of the commission to meet at the time and place designated in the 
advertisement and take out the sample or specimen copies submitted, upon 
which the bids are based, and refer and submit them to the subcommission, 
as provided for and directed in this article, with instructions to the subcom- 
mission to report at a time specified, with the classification and recommen- 
dation, as provided in this article. 

Rev., s. 4072 : 1901, c. 1, s. 8. 

5708. Adoption of books. When the report of the subcommission is sub- 
mitted it shall be the duty of the commission and the subcommission to meet 
in joint executive session to open and examine all sealed proposals submitted 
and received in pursuance of the notice or advertisement provided for in this 
article. It shall be the duty of the commission and the subcommission to 



Public School Law of N"okth Carolina 85 

examine and consider all such bids or proposals, together with the report and 
recommendation of the subcommission, and determine, in the manner provided 
in this article, what books, upon the branches hereinabove mentioned, shall 
be selected for adoption, taking into consideration the size, quality as to the 
subject-matter, material, printing, binding, and the mechanical execution and 
price, and the general suitability for the purpose desired and intended. 

Rev., s. 4073; 1901, c. 1, s. 8 ; 1911, c. 118, s. 1 (k). 

5709. Award of contract. After the selection or adoption shall have been 
made, the commission shall award the contracts, and shall by registered letter 
notify the publishers or proposers to whom the contracts have been awarded. 
But the commisssion shall not, in any case, contract with any person for the 
use of any book which shall be sold to patrons for use in any public school in 
the state in excess of the price at which such book is to be furnished by such 
person, under contract, to any state, county, or school district in the United 
States, under like conditions as those prevailing in this state and under this 
article. 

Rev., s. 4073 ; 1901, c. 1, s. 9. 

5710. Execution of contract. Upon the awarding of the contracts it shall 
be the duty of the attorney-general to prepare the same in accordance with 
the terms and provisions of this article. On behalf of the state the contracts 
shall be executed by the governor and secretary of state, and the seal of the 
state shall be set thereto. All such contracts shall be executed in triplicate, 
of which one shall be kept by the secretary of the commission, one shall be 
filed in the office of the secretary of state, and one shall be retained by the 
contracting party. All contracts entered into or renewed under the pro- 
visions of this article shall be for the term of five years. 

Rev., s. 4074 ; 1901, c. 1, ss. 8, 14. 

5711. Stipulations in contract. It shall be stipulated in each contract that 
the contractor has never furnished, and is not now furnishing under contract, 
any state, county, or school district in the United States where like condi- 
tions prevail as are then prevailing in this state and under this article, the 
same books as are embraced in the contract at a price below that stipulated 
in the contract ; and the commission is hereby authorized and directed, at any 
time that it may find that any books have been sold at a lower price under 
contract to any state, county, or school district, to sue upon the bond of the 
contractor and recover the difference between the contract price and the lower 
price for which books have been sold. It shall also be stipulated in the con- 
tract that the contractor shall take up school books in use in this state at 
the date of such contract, and receive the same in exchange for new books, 
allowing a price for such old books not less than fifty per cent of the contract 
price of the new books. 

Rev., s. 4075 ; 1901, c. 1, ss. 9, 10. 

5712. Liability of state on contract. It shall always be a part of the 
terms and conditions of every contract made in pursuance of this article that 
the state of North Carolina shall not be liable to any contractor in any man- 
ner for any sum whatever, but all such contractors shall receive their pay 
and compensation solely and exclusively from the proceeds of the sale of 
books, as provided for in this article. 

Rev., 8. 4076; 1901. c. 1, s. 10. 



86 Public School Law of !N"orth Carolina 

5713. Power to alter contracts. Nothing in this article shall prevent the 
commission and any contractor agreeing thereto from in any manner chang- 
ing or altering any contract, if four members of the commission shall agree 
to the change and think it advisable and for the best interest of the public 
schools of the state. 

Rev., s. 4077; 1901, c. 1, s. 9. 

5714. Books must come up to sample. The books furnished under any 
contract shall, at all times during the existence of the contract, in all respects 
be equal to the specimen or sample copies furnished with the bid. 

Rev., s. 4078 ; 1901, c. 1, s. 9. 

5715. Bond of contractor. At the time of the execution of the contract 
the contractor shall enter into a bond in the sum of not less than ten thou- 
sand dollars, payable to the state of North Carolina, the amount of the bond 
within such limits to be fixed by the commisssion, conditioned for the faith- 
ful, honest, and exact performance of his contract, and shall further provide 
for the payment of reasonable attorneys' fees in case of recovery in any suit 
upon the same, with three or more good and solvent sureties, actual citizens 
and residents of this state, or any guaranty company authorized to do busi- 
ness in this state may become the surety on such bond ; and it shall be the 
duty of the attorney-general to prepare and approve such bonds. The com- 
mission may at any time, by giving thirty days notice, require additional se- 
curity or additional bond. 

Rev., s. 4079; 1901, c. 1, ss. 8, 9. 

5716. Actions on the bond. 1. Suit hy commission. In case any con- 
tractor shall fail to execute specifically the terms and provisions of his con- 
tract, the commission is hereby empowered and directed to bring an action 
upon the bond of such contractor for the recovery of any and all damages. 
Such action shall be in the name of the state of North Carolina, and the re- 
covery shall be for the benefit of the public school fund of the state and 
counties, and when collected shall be placed in the treasury of the school fund. 
The bond shall not be exhausted by a single recovery, but may be sued on 
from time to time until the full amount thereof shall be recovered. 

2. Suit l)y county hoard. And it is expressly provided that should any party 
contracting to furnish books, as provided for in this article, fail to furnish 
them or otherwise break his contract, in addition to the right of the state to 
sue on the bond hereinabove required, the chairman of the county board of 
education or any member thereof may sue in the name of the state in the 
courts of the state having jurisdiction, and recover on such bond the full 
value of the books so failed to be furnished, for the use and benefit of the 
school fund of the county. In all such cases service of process may be made 
on any agent or contractor in the county, or if no agent is in the county, then 
service may be made on any agent in charge of any depository, and such ser- 
vice shall be and stand in the place of service on the defendant contractor. 

Rev., s. 4080; 1901, c. 1, ss. 8, 9, 13. 

5717. Deposits by bidders; return and forfeiture. When any person shall 
have been awarded a contract, and shall have given the bond required, the 
commission, through its secretary, shall so inform the treasurer of the state, 
who shall then return to such contractor the cash deposit made by him ; and 
the commission, through its secretary, shall inform the treasurer of the names 
of the unsuccessful bidders or proposers, and the treasurer shall, upon the 



Public School Law of I^okth Carolina 87 

receipt of this notice, return to them the amounts deposited by them in cash 
at the time of the submission of their bids. Should any person fail or refuse 
to execute a contract and give the bond, as required by this article, within 
thirty days after the awarding of the contract to him and the mailing of the 
registered letter containing notice thereof, which shall be sufficient evidence 
that the notice was given and received, the cash deposit shall be deemed and 
it is hereby declared forfeited to the state of North Carolina, and it shall be 
the duty of the treasurer to place such cash deposit in the treasury of the 
state, to the credit of the school fund. 

Rev., s. 4081 ; 1901. c. 1, s. 8. 

5718. Prices to be printed on books. It shall be the duty of all contrac- 
tors to print plainly on the back of each book the contract price, as well as 
the exchange price at which it is agreed to be furnished, but the books sub- 
mitted as sample or specimen copies with the original bid shall not have the 
price printed on them before they are submitted to the subcommission ; and 
all books shall be sold to the consumer at the retail contract price, and on each 
book shall be printed the following : "The price fixed hereon is fixed by state 
contract, and any deviation therefrom should be reported to your county super- 
intendent of public instruction or to the state superintendent at Raleigh." 

Rev., s. 4082; 1901, c. 1, ss. 9, 13, 19. 

5719. Selling books at greater than contract price misdemeanor. If any 

dealer, clerk, or agent shall sell any book adopted by the text-book commis- 
sion for a greater price than the contract price he shall be guilty of a mis- 
demeanor, and upon conviction shall be punished by a fine not exceeding fifty 
dollars. 

Rev., s. 3834; 1901, c. 1, s. 19. 

5720. Distributing agencies and depositories; penalty failure to have. 

There shall be maintained in each county in the state not less than one and 
as many more agencies as the commission, upon recommendation of the county 
board of education shall order, to be located at such points as the county 
board may recommend, for the distribution of books to the patrons ; or the 
contractor shall be permitted to make arrangements with merchants or others 
for the handling and distribution of the books. Parties living in the county 
where no agency has been established or no arrangement made for the distri- 
bution may order the same from one of the contractors, who shall deliver 
any book so ordered to the person ordering, to his postoffice address, freight, 
express, postage, or other charges prepaid, at the letail contract price, if the 
price of the books so ordered shall be paid in advance. 

The contractors shall maintain one or more joint state depositories at some 
convenient distributing point or points in the state, at which shall be kept at 
all times an ample supply of all adopted books for the convenient and expe- 
ditious supply of books to the local depositories in the various counties of the 
state. Whenever demanded and certified by the county superintendent of pub- 
lic instruction of any county to be necessary to secure and keep on hand an 
ample supply of books at at any local depository, the contractors shall furnish 
books to such local depository on consignment. 

And every contractor shall be required to keep on hand at all times at 
every established agency in every countj^ an ample supply of books to meet all 
demands of patrons and purchasers, and upon failure to do so, or upon fail- 
ure to establish agencies when ordered to do so by tbe commission, as directed 



88 Public School Law of JN^orth Carolina 

herein, the contractor shall be liable to a penalty of five hundred dollars for 
each and every failure to comply with the provisions of this section, to be 
sued for by the attorney-general in the name of the state in the superior court 
of Wake county, for the benefit of the school fund of the county injured by 
such failure ; and if any contractor against whom judgment shall be obtained 
for such penalty shall fail to pay the same within thirty days after the dock- 
eting thereof, he shall forfeit his contract, and the commission shall so de- 
clare, and shall thereupon proceed to make a new contract for books with 
some other contractor. The county superintendent shall notify the contrac- 
tors annually of the date of opening the public schools at least thirty days 
before they open. 

Rev., s. 4083; 1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1 (1). 

5721. Contract proclaimed by governor; notices by state superintendent. 

As soon as the commission shall have entered into a contract for the fur- 
nishing or supplying of books for use in public schools, it shall be the duty of 
the governor to issue his proclamation announcing such fact to the people of 
the state. And as soon thereafter as practicable the state superintendent 
shall issue a circular letter to each county superintendent in the state and to 
such others as he may desire, which letter shall contain the list of books 
adopted, the prices, location of agencies, ahd method of distribution, and such 
other information as he may deem necessary. 

Rev., s. 4084; 1901, c. 1, ss. 12, 15. 

ART. 42. HIGH SCHOOL TEXT-BOOKS 

5722. Unit of adoption the county. The unit for the adoption of high 
school text-books shall be the county. 

1919, c. 201, s. 1. 

5723. State superintendent to prepare list of approved text-books. The 

state superintendent of public instruction shall, within one year from the 
eighth day of March, nineteen hundred and nineteen, have prepared a list of 
approved text-books for use in all public high schools of the state, from which 
list adoptions for each county in each subject of study taught in the high 
schools of the county shall be made in the manner prescribed in this article ; 
and the state superintendent of public instruction shall have the state list of 
approved high school text-books printed, showing the wholesale, retail, and 
exchange prices as agreed upon by contract with the publishers of approved 
books under the provisions of this article, 

1919, c. 201, s. 2. 

5724. County committee to recommend books. The county board of edu- 
cation of each county shall, upon the recommendation of the county committee 
on high school text-books, every four years, except as hereinafter provided, 
adopt a county list which shall be made up from the state list of approved 
books provided for in the preceding section ; and the said committee to select 
high school text-books for each county shall be composed of the county superin- 
tendent of public instruction, the superintendent of the largest city or town 
school system of the county, and three high school principals or teachers 
chosen from the different high schools of the county, to be selected jointly by 
the two above mentioned county and city superintendents: Provided, that 
in a county where such a committee cannot be secured according to the man- 
ner provided above, the state high school inspector shall recommend to the 



Public School Law of J^okth Cakolina 89 

county board of education of said county the high school books to be used in 
said county, and the county board of education shall adopt the list of books so 
recommended ; and the county adoptions of high school text-books under this 
article shall be limited to the state list of approved high school text-books to 
be selected under the direction of the state superintendent of public instruc- 
tion and published by him as provided in the preceding section : Provided, 
that nothing in this article shall be so construed as to prevent the county com- 
mittee on high school text-books from recommending the use of, and the 
county board of education from adopting, more than one book in a subject 
for use in the different types of high schools that may require books of greater 
or less difficulty, nor shall any high school be prevented from using necessary 
supplementary books. 

1919, c. 201, s. 3. 

5725. Publishers to submit samples with prices to state superintendent. 

The state superintendent of public instruction shall give notice to the pub- 
lishers of high school text-books in such manner as he may choose, that each 
publisher wishing to have any book adopted for use in the high schools of 
North Carolina shall submit six copies of the same (of his regular, standard 
edition) to the state superintendent of public instruction, together with a 
statement in writing of the price at which the said publisher will sell such 
book to properly constituted high school authorities in the state. The pub- 
lisher shall quote to the state superintendent of public instruction the whole- 
sale, retail, and exchange prices of each book he submits, which prices shall 
not be higher than are charged for the same book in any other state adopting 
high school text-books under a plan similar to that prescribed in this article. 

1919, c. 201, s. 4 (1). 

5726. State committee on high school text-books; duties; reports to state 
superintendent. The state superintendent of public instruction shall appoint 
a state committee on high school text-books, consisting of five members, who 
shall serve without pay except reimbursement out of the state treasury upon 
the requisition of the state superintendent of public instruction for actual ex- 
penses incurred by attendance upon meetings of the committee that may be 
called by, or under the direction of, the state superintendent of public in- 
struction ; it shall be the duty of the state committee on high school text-books 
to make an examination of each book submitted by any publisher, under the 
provisions of this article, with a view to determining whether or not the con- 
tents, quality, and price of said book are such as to make it suitable and de- 
sirable for use in public high schools of this state; and the said state com- 
mittee on high school text-books shall, every four years, except as herein 
otherwise provided, submit to the state superintendent of public instruction, 
on or before the first day of January of each year within which county adop- 
tions are to be made, a report of its findings with recommendations as to the 
books that shall be placed on the state approved list, which list shall consti- 
tute the state adopted list for a period of four years, except as herein other- 
wise provided. 

1919, c. 201, s. 4 (2). 

5727. State superintendent approves list. All books recommended for 
use in the public high schools of the state by the state committee on high 
school text-books that meet with the approval of the state superintendent of 
public instruction shall then be placed upon the state list of approved text- 



90 Public School Law of N'orth Carolina 

books at the prices agreed upon under contract entered into by him with the 
publisher of approved high school text-books, 

1919, c. 201, s. 4 (3). 

5728. State superintendent contracts with publishers. The state superin- 
tendent of public instruction shall then enter into a contract with every pub- 
lisher having books on the state list of approved high school text-books to 
sell such books to the properly constituted authorities throughout the state 
in the manner provided for in this article. 

1919, c. 201, s. 4 (4). 

5729. Bond of Publishers. Each publisher having any book on the state 
list of approved books shall file with the state superintendent of public in- 
struction a bond payable to the state of North Carolina, with some surety 
company authorized to do business in the state, as surety thereon, in a sum 
to be determined by the state superintendent of public instruction, said sum 
being not less than five hundred dollars and not more than twenty-five hun- 
dred dollars, according to the number of books filed ; the bond to be conditional 
as follows : 

1. That the publisher will furnish any of the books at the price and under 
the conditions listed in his contract with the state superintendent of public 
instruction to the duly constituted high school authorities of the state during 
the time said contract is continued in force. 

2. That the price of any book or books shall not exceed the lowest price the 
publisher has made elsewhere in the United States under a plan similar to 
that prescribed in this article, and that he will maintain said price uniformly 
throughout the state on the books filed and approved under the provisions of 
this article. 

3. That the publisher will reduce such prices automatically, to this state 
whenever reductions are made elsewhere in the United States, so that at no 
time shall any book so filed and approved be sold to the high school authori- 
ties in the state at a higher net price than is received for any such book else- 
where in the United States, and that upon failure or refusal of any publisher 
to make such reduction, his contract for such book or books shall become 
null and void, and his bond forfeited in whole or in part as may be deter- 
mined to be just and equitable by the state superintendent of public instruc- 
tion and the attorney-general. 

4. That all books on the state list of approved high school text-books of- 
fered for sale, adoption, or exchange in the state shall be in equal quality 
to those filed with the state superintendent of public instruction as regards 
paper, binding, printing, illustration, subject-matter, and all other particu- 
lars that may affect the value of such books. 

5. That the publishers shall not enter into any understanding, agreement, 
or combination to control the prices or restrict competition on the sale of 
such high school text-books in this state. 

6. That such bond shall be approved by the attorney-general, and shall con- 
tinue in force for a period of not less than five years and not more than six 
years without renewal after its filing, at or before the expiration of which 
period a new bond shall be given or the right of selling text-books on the 
state list of approved high school text-books in the state shall be forfeited. 

7. That if any publisher shall comply with the foregoing provisions of this 
act, and then fail or refuse to furnish any book or books to the duly consti- 



Public School Law of i^orth Carolina 91 

tuted high school authorities of any county upon the terms herein provided, 
said school authorities shall at once notify the state superintendent of public 
instruction of such failure or refusal, who shall at once cause an investiga- 
tion of such charge to be made. 

If the state superintendent shall find such charge to be true he shall at 
once notify such pubUsher and notify the superintendent of schools of each 
county and of each city whose schools are operated under special charter, 
that such book or books shall not thereafter be adopted or purchased by any 
of the public high school authorities of the state; and said publisher shall 
forfeit and pay to the state such a part of his bond as may be determined 
to be equitable and just by the state superintendent of public instruction and 
attorney-general, to be recovered in the name of the state in an action to be 
brought by the attorney-general in any proper court, the amount when col- 
lected to be paid into the treasury to the credit of the state public school 
fund. 

1919, c. 201, s. 4 (5). 

5730. Text-books adopted for four years; exceptions. The county board 
of education of each county at a regular meeting held between the first day 
of February and the first day of June every four years, beginning with the 
year one thousand nine hundred and twenty, shall' act upon the recommenda- 
tion of the county committee on high school text-books, and shall adopt a list 
of high school text-books recommended by the said committee, under the pro- 
visions of this article, to be used in the county for the next four years ; and 
when such county adoption shall have been made, no basal book or books, 
except those on the list adopted for use in the public high schools of the 
county for the next four years period from the time of an adoption, shall be 
used by any public high school of the county ; Provided, that in adopting text- 
books of history and science, the committee may adopt and the state superin- 
tendent of public instruction may make contracts for a period of two years. 

1919, c. 201, s. 5. 

5731. Local depositories to sell books; commission allowed. In order to 
facilitate distribution, sale, and exchange of high school text-books adopted 
under the provisions of this article, in each county the county board of edu- 
cation shall provide for the handling of such books through such local de- 
positories or agencies in the county as it may deem advisable and necessary ; 
and such local depositories or agencies shall be responsible to the county 
board of education through whom all orders to the publishers for high school 
text-books, under the provisions of this article, shall be made, except as is 
hereinafter provided ; and said depositories or agencies may be allowed a 
commission on the sale of high school text-books not to exceed fifteen per 
cent of the wholesale price of the books as agreed upon by contract entered 
into by the state superintendent of public instruction with the publishers of 
approved high school text-books; and any depository or agency that shall 
charge a higher price than fifteen per cent in addition to the wholesale con- 
tract price shall be deprived of the right to handle any high school text-books 
adopted under the provisions of this article. Nothing in this article shall be 
construed to prevent the high school officials of any school or school system 
operated under a special charter from placing their orders directly with the 
publishers. 

1919, c. 201, 8. 6. 



92 Public School Law of ISTorth Carolina 

5732. Students removing from county may sell books; resale. When a 
pupil in any public high school of one county removes to another county and 
enters a high school in that county and has regularly adopted high school 
text-books not used in the high schools of such other county, and wishes to 
dispose of them* the county board of education in the county from which he 
removes, if requested to do so, shall purchase through any of its depositories 
or agencies, such books at a fair valuation thereof, depending on the condition 
of the book, and shall provide for reselling them to other pupils at a profit 
not exceeding fifteen per cent. 

1919, c. 201. s. 7. 

5733. State superintendent may make additional rules if necessary. The 

state superintendent of public instruction may make such additional rules 
and regulations as he may deem necessary to carry out more effectively the 
provisions of this article and to facilitate the handling of high school text- 
books : Provided, that all such rules and regulations as he may make shall be 
in conformity with the provisions of this article. 

1919, c. 201, s. 8. 

5734. Only disinterested persons to act in selection. It shall be a mis- 
demeanor for any person to serve in any capacity in the selection of text- 
books for approved lists who is connected in any way with the production or 
sale of high school text-books. 

1919. c. 201, s. 9. 

ART. 43. FURNISHING TEXT-BOOKS BY SCHOOL BOARDS 

5735. Rental of text-books. The county board of education or the board 
of trustees of any local tax district or special chartered district is hereby 
authorized to provide depositories for public school text-books and to rent 
such books to the children of any school district at a rental price not to ex- 
ceed fifty per cent of the publisher's contract price with the state ; and wher- 
ever books are rented that have not been contracted for by the state, the 
rental price shall not exceed fifty per cent of the publisher's list prices. 

1919, c. 134, s. 1. 

5736. County and local boards to make rules; to use incidental expense 
fund. The county board of education or the board of trustees of any local 
tax district or special chartered district is hereby authorized to make all 
needful rules and regulations governing the rental of public school text-books 
and to apply any funds of the incidental expense fund remaining to the credit 
of the county or the special chartered district to the purpose of this article : 
Provided, that before any amount is appropriated from this fund for these 
purposes provision shall be made for all needful expenses of said schools. 

1919, c. 134, s. 2. 

5737. Books for indigent children. County boards of education or the 
board of trustees any local tax district may set aside an amount not to ex- 
ceed $100 from the incidental expense fund to be used in purchasing public 
school text-books, to be used in the manner designated, namely, that when 
it shall appear that the education of any child is limited because of the ina- 
bility of said child to purchase necessary text-books or to pay the rental 
price, said board or boards may loan free of cost all necessary books to any 
such child during the term of the school, subject to rules and regulations by 
the county board of education or the board of trustees of any local tax dis- 



Public School Law of ^orth Caeolixa 93 

trict or special chartered school, and approved by the state superintendent of 
public instruction, 

1919, c. 134, s. 3. 

5738. Limitation as to funds; effect of article. No contract made for 
books or for service in executing the provisions of this article shall make any 
part of the state public school fund liable save that specified in the two pre- 
ceding sections, nor shall any section of this article be construed so as to 
abridge in any way the text-book system now operated by any school committee 
or local board. 

1919, c. 134, s. 4. 

5739. State superintendent to inform local school authorities. The state 
superintendent of public instruction is hereby requested to inform superinten- 
dents of county and all local tax schools of the provisions of this article. 

1919, c. 134, s. 5. 



SUBCHAPTEE VIII. SCHOOL CEA^SUS AND HEALTH 

ART. 44. SCHOOL CENSUS 

5740. School committee to report annually to county superintendent; con- 
tents of reports. The school committee of each township or district must 
furnish annually to the county superintendent of schools a census report of 
all the children in the township or district of school age, by name, age, date 
of birth, sex, and race, and the names of their parents or guardians. 

The census report shall show also the number of children of compulsory 
attendance age, and the committee shall furnish the attendance officer a sepa- 
rate list of all children subject to compulsory attendance, containing the name, 
age, date of birth, sex, and race of each, and the names of their parents or 
guardians. 

There shall also be reported by race and sex the number and names of all 
persons between the ages of twelve and twenty-one who cannot read and 
write, and the number and names, by race and sex, of all persons over twenty- 
one years of age who cannot read and write. 

T'here shall also be reported, by race and sex, the number and names of 
deaf and dumb and blind children between the ages of six and twenty-one 
years of age, and the names and addresses of their parents or guardians. 

Rev., s. 4148; 1911, c. 135, s. 1 (d) ; 1915, c. 236, s. 1 (f) ; 1919, c. 254, s. 13. 

5741. County superintendent to furnish blanks ; time for returning report. 

The blanks upon which the reports of the committee are to be made shall be 
furnished to the various committees by the county superintendent at least two 
weeks prior to the beginning of the school term in each district, and the re- 
port, duly sworn to by the person taking the census, and signed and approved 
by the members of the committee, shall be returned to the county superinten- 
dent on or before the first day of the school term of each school year. 

Rev., 8. 4148; 1911, c. 135, s. 1 (d) ; 1915, c. 236, s. 1 (f). 

5742. Committee to designate census taker. The school committee may 
designate one of the teachers, or some other competent person in each school 
district, to take the census. 

Rev., s. 4148; 1911, c. 135, s. 1 (d) ; 1915, c. 236. s. 1 (f). 



94 Public School Law of Is'orth Carolina 

5743. Compensation of census taker. The committeemen, or other person 
taking the census, shall be allowed a sum not exceeding three cents per name 
for all names reported between the ages of six and twenty-one. 

Rev., s. 4148; 1911, c. 135, s. 1 (d) ; 1915, c. 236, s. 1 (f). 

5744. Committee to furnish copy to teacher; teacher to record. The com- 
mittee shall furnish to the teacher at the opening of the school year a copy of 
the census furnished to the county superintendent, which shall be recorded by 
the teacher in the school register. The census record entered in the register 
shall show the name, age, date of birth, and sex of each child of school age 
in that district, together with the names and addresses of the parents or 
guardians. 

Rev., s. 4148 ; 1911, c. 135, s. 1 (d) ; 1915, c. 236, s. 1 (f ) ; 1919, c. 254, s. 13. 

5745. Committee failing to comply with provisions of article removed. 

Any committee failing to comply with the provisions of this article, without 
just cause, shall be subject to removal. 

Rev., s. 4148; 1911, c. 135, s. i (d) ; 1915, c. 236, s. 1 (f). 

5746. Making false returns misdemeanor. If any person who is a mem- 
ber of the school committee of any district, as such, shall knowingly and wil- 
fully take false or inaccurate census, or make a false or inaccurate return or 
report to the county superintendent of public instruction of the number of 
children in his district between the ages of six and twenty-one he shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 
and imprisoned at the discretion of the court. 

Rev., s. 3836; 1889, c. 353. 

ART. 45. PHYSICAL EXAMINATION OF PUPILS 

5747. State board of health and state superintendent to make rules for 
physical examination. It shall be the duty of the state board of health and 
the state superintendent of public instruction to prepare and distribute to the 
teachers in all public schools of the state instructions and rules and regula- 
tions for the physical examination of pupils attending the public schools. 

1919, c. 192, s. 1. 

5748. Teachers to make examinations; state covered every three years. 

Upon receipt of such instructions, rules, and regulations, it shall be the duty 
of every teacher in the public schools to make a physical examination of 
every child attending the school and enter on cards and official forms fur- 
nished by the state board of health a record of such examination. The ex- 
amination shall be made at the time directed by the state board of health 
and the state superintendent of public instruction, but every child shall be 
examined at least once every three years. The state board of health and the 
state superintendent of public instruction shall so arrange the work as to 
cover the entire state once every three years. 

1919, c. 192, s. 2. 

5749. Record cards transmitted to state board of health; punishment for 
failure. The teacher shall transmit the record cards and other blank forms 
made by him or her to the North Carolina state board of health, and if any 
teacher fails within sixty days, after receiving the aforesaid forms and re- 
quests for examination and report, to made such examination and report as 
herein provided, the teacher shall be guilty of a misdemeanor and subject 



Public School Law of I^oeth Carolina 95 

to a fine of not less than ten dollars nor more than fifty dollars or thirty 
days in prison. 

1919, c. 192, s. 3. 

5750. Disposition of records; reexamination of pupils. The North Caro- 
lina state board of health shall have the records filed by the teacher care- 
fully studied and classified, and shall notify the parent or guardian of every 
chUd whose card shows a serious physical defect to bring such child before 
an agent of the state board of health on some day designated by the state 
board of health between the hours of nine a.m. and five p.m. for the purpose 
of having said child thoroughly examined ; and if, upon receipt of such no- 
tice, any parent or guardian shall fail or refuse to bring said child before 
the agent of the state board of health without good cause shown, he shall 
be guilty of a misdemeanor, and shall be fined not less than five dollars nor 
more than fifty dollars or imprisoned not more than thirty days: Provided, 
that the distance the child must be carried shall not exceed ten miles. 

No pupil or minor shall be compelled to submit to medical examination or 
treatment whose parent or guardian objects to the same. Such objection 
may be made by a written and signed statement delivered to the pupil's 
teacher or to any person who might conduct such examination or treatment 
in the absence of such objection. 

1919, c. 192, s. 4. 

5751. Treatment of pupils; expenses. Within thirty days after the com- 
pletion of the examination of the children by the agent of the state board 
of health, and after written statement of the proper authority hereinafter 
designated, a sum not exceeding ten dollars per hundred children enrolled 
in the county or city shall be paid to the state board of health to be used 
exclusively for the purpose of treating school children for defects other than 
dental, the same to be paid by the county commissioners of the county, and 
in cities or towns having a separate school system, to be paid by the city 
manager, city council, city board of aldermen, or city commissioners. Any 
funds so paid and not needed in enforcing the provisions of this article shall 
be returned to the county or city from which it was received. 

1919, c. 192, s. 5. 

5752. Free dental treatment; appropriation. For the purpose of provid- 
ing free dental treatment for as many children as possible each year, and to 
aid the state board of health in making the examinations as provided for in 
this article, a special appropriation not to exceed fifty thousand dollars per 
annum shall be set aside from the state public school fund, and shall be paid 
by the treasurer of the State of North Carolina on properly signed requisition 
forms to the treasurer of the North Carolina state board of health. 

1919, cc. 102, s. 14; 192, s. 6. 

ART. 46. SCHOOL PRIVIES 

5753. County Board to provide privies. In each county the county board 
of education shall provide, under rules and regulations to be made by the 
state board of health and approved by the state superintendent of public in- 
struction, two privies at each public schoolhouse, one for boys and one for 
girls. 

1919. c. 213, 8. 1. 



96 Public School Law of I^oeth Carolina 

5754. Payment for privies. Privies shall be considered an essential and 
necessary part of the equipment of each public school, and may be paid for 
in the same manner as desks and other essential equipment of the school. 

1919, c. 213, s. 1. 

5755. Time allowed for installation. At least twenty-five per cent of the 
schools of each county shall have the privies herein required, provided on or 
before September first, one thousand nine hundred and nineteen, a second 
twenty-five per cent on or before September first, one thousand nine hundred 
and twenty, a third twenty-five per cent on or before September first, one 
thousand nine hundred and twenty-one, and the balance on or before Sep- 
tember first, one thousand nine hundred and twenty-two. 

1919, c. 213, s. 1. 

5756. Failure to provide privies a misdemeanor. The county superin- 
tendent of public instruction and the county board of education of each county 
are hereby charged with the execution of the provisions of this article, and 
failure to fully and completely execute it shall be a misdemeanor and sub- 
ject the several members of the board and the county superintendent to a 
fine or imprisonment, or both, in the discretion of the court. 

1919, c. 213, s. 1. 

5757. Privies to be kept sanitary. The local district or township com- 
mitteemen are hereby required to keep the privies provided for in this arti- 
cle in a sanitary condition, and shall be governed in this particular by rules 
and regulations to be prepared by the state board of health with the approval 
of the state superintendent of public instruction. 

Failure of the committeemen to keep privies at public schoolhouses in pro- 
per sanitary condition under the rules and regulations aforesaid shall be 
considered a misdemeanor and shall subject them severally and personally 
to fine or imprisonment, or both, in the discretion of the court. 

1919, c. 213, s. 2. 



SUBCHAPTEK IX. COMPULSORY ATTEJSTDAI^CE ON 

SCHOOLS 

ART. 47. GENERAL COMPULSORY ATTENDANCE LAW 

5758. Parent or guardian required to keep child in school; exemptions. 

Every parent, guardian, or other person in the state having charge or control 
of a child between the ages of eight and fourteen years shall cause such 
child to attend school continuously for a period equal to the time which the 
public school in the district in which the child resides shall be in session. 
The principal, superintendent, or teacher who is in charge of such school 
shall have the right to excuse the child from temporary attendance on account 
of sickness or distance of residence from the school, or other unavoidable 
cause which does not constitute truancy as defined by the state board of edu- 
cation. 

1919, c. 100, s. 1. 

5759. State board of education to make rules and regulations; method of 
enforcement. It shall be the duty of the state board of education to formu- 
late such rules and regulations as may be necessary for the proper enforce- 
ment of the provisions of this article. The board shall prescribe what shall 



Public School Law of jSTokth Carolina 97 

constitute truancy, what causes may constitute legitimate excuses for tem- 
porary nonattendance due to physical or mental inability to attend, and un- 
der what circumstances teachers, principals, or superintendent may excuse 
pupils for nonattendance due to immediate demands of the farm or the home 
in certain seasons of the year in the several sections of the state. It shall 
be the duty of all school officials to carry out such instructions from the state 
board of education, and any school official failing to carry out such instruc- 
tions shall be guilty of a misdemeanor : Provided, that the preceding section 
shall not be in force in any city or county that has a higher compulsory at- 
tendance law now in force than that provided herein ; but in any such case 
it shall be the duty of the state board of education to investigate the same 
and decide that any such law now in force has a higher compulsory attend- 
ance feature than that provided by this article: Provided, that wherever 
any district is without adequate buildings for the proper enforcement of this 
article the county boards of education may be allowed not more than two 
years from July the first, one thousand nine hundred and nineteen, to make 
full and ample provisions in every district. 

1919, c. 100, s. 2a. 

5760. Attendance officers; reports; prosecutions. The state superintend- 
ent of public instruction shall prepare such rules and procedure and furnish 
such blanks for teachers and other school officials as may be necessary for 
reporting each case of truancy or lack of attendance to the chief attendance 
officer referred to in this article. Such rules shall provide, among other 
things, for a notification in writing to the person responsible for the non- 
attendance of any child, that the case is to be reported to the chief attend- 
ance officer of the county unless the law is immediately complied with. 
County boards of education and governing bodies of city schools shall have 
the right to appoint town or district attendance officers when deemed by 
them necessary, to assist in carrying out the provisions of this article, and 
the rules and instructions which may be promulgated by the state superin- 
tendent of public instruction. But in every case in which it becomes neces- 
sary to prosecute for nonattendance the case shall be referred to the chief 
attendance officer of the county for further action: Provided, that in towns 
or cities having special attendance officers paid out of town or city funds 
said officers shall have full authority to prosecute for violations of this 
article. 

1919, c. 100, s. 4. 

Note. — The county superintendent of public welfare is chief attendance officer, s. 5017. 

5761. Violation of law; penalty. Any parent, guardian, or other person 
violating the provisions of this article shall be guilty of a misdemeanor, and 
upon conviction shall be liable to a fine of not less than five dollars nor more 
than twenty-five dollars, and upon failure or refusal to pay such fine, the 
said parent, guardian or other person shall be imprisoned not exceeding 
thirty days in the county jail. 

1919, c. 100, 8. 2. 

5762. Investigation and prosecution by county superintendent and at- 
tendance officer. The county superintendent of public welfare or chief school 
attendance officer or truant officer provided for by law shall investigate and 
prosecute all violators of the provisions of this article. 

1919, c. 100, B. 3. 

7 



98 Public School Law of I^orth Carolina 

ART. 48. COMPULSORY ATTENDANCE OF INDIGENT CHILDREN 

5763. Investigation as to indigency of child. If affidavit shall be made 
by the parent of a child or by any other person that any child between the 
ages of eight and fourteen years is not able to attend school by reason of 
necessity to work or labor for the support of itself or the support of the 
family, then the attendance oflBcer shall diligently inquire into the matter 
and bring it to the attention of some court allowed by law to act as a juv- 
enile court, and said court shall proceed to find whether as a matter of fact 
such parents, or persons standing m locus parentis are unable to send said 
child to school for the term of compulsory attendance for the reasons given. 
If the court shall find, after careful investigation, that the parents have made 
or are making a bona fide effort to comply with the compulsory attendance 
act, and by reason of illness, lack of earning capacity, or any other cause 
which the court may deem valid and sufficient, are unable to send said child 
to school, then the court shall find and state what help is needed for the 
family to enable the attendance law to be complied with. The court shall 
transmit its findings to the county board of education of the county or, in 
cities, to city school board in which the case may arise. 

1919, c. 150. 

5764. Aid to indigent child. The county board of education shall in its 
discretion order aid to be given the family from the incidental expense fund 
of the county school budget to an extent not to exceed ten dollars per month 
for such child during the continuance of the compulsory term; and shall at 
the same time require said officer to see that the money is used for the pur- 
pose for which it is appropriated and to report from time to time whether 
it shall be continued or withdrawn. And the county board of education is 
hereby authorized in making out the county budget to provide a sum to meet 
the provisions of this article. 

1919, c. 150. 

ART. 49. COMPULSORY ATTENDANCE OF DEAF CHILDREN 

5765. Deaf children to attend school; age limits; minimum attendance. 

Every deaf child of sound mind in North Carolina shall attend a school for 
the deaf at least five school terms of nine months each, between the ages of 
eight and fifteen years. The parents, guardians, or custodians of such child 
or children between the ages of eight and fifteen years shall send, or cause 
to be sent, such child or children to some school for the instruction of the 
deaf, at least five terms or sessions of nine months each, between said ages. 

1907, c. 1007, ss. 1, 2; 1915, c. 14. 

5766. Parents, etc., failing to send to school guilty of misdemeanor; 
provisos. The parents, guardians, or custodians of any deaf children between 
the ages of eight and fifteen years failing to send such deaf child or children 
to some school for instruction, as provided in this article, shall be guilty of 
a misdemeanor, and upon conviction shall be fined or imprisoned, at the dis- 
cretion of the court, for each year said deaf child is kept out of school, be- 
tween the ages herein provided: Provided, (1) that parents, guardians, or 
custodians may elect two years between the ages of eight and fifteen years 
that a deaf child or children may remain out of school; and (2) that this 
section shall not apply to or be enforced against the parent, guardian, or cus- 
todian of any deaf child until such time as the superintendent of any school 



Public School Law of Ii^orth Carolina 99 

for the instruction of the deaf, by and with the approval of the executive 
committee of such institution, shall in his and their discretion serve written 
notice on such parent, guardian, or custodian, directing that such child be 
sent to the institution whereof they have charge. 

1907, c. 1007, s. 3; 1915, c. 14. 

5767. Duties of census taker and county superintendent. It shall be the 
duty of the school census taker to report name, age, and sex of each deaf 
child in his district, and name of parents, guardians, or custodians and their 
postoffice address to the county superintendent of education, who shall send 
said report of names and addresses to the superintendent of the North Car- 
olina School for the Deaf located at Morganton, N. C. Upon the failure 
of the census taker or county superintendent to make such reports he shall be 
fined five dollars for each white deaf child not so reported. 

1907, c. 1007, s. 4; 1915, c. 14. 

5768. Fines to school fund. All fines provided in this article, when col- 
lected, shall be paid to the public school fund of the county in which such 
deaf child lives. 

1907, c. 1007, s. 5. 

ART. 50. COMPULSORY ATTENDANCE OF BLIND CHILDREN 

5769. Blind children to attend school; age limits; minimum attendance. 

Every blind child of sound mind and body living in the state of North Car- 
olina shall attend the State School for the Blind and the Deaf at Raleigh, or 
some similar school for the education of the blind, for a term of nine months 
each year, between the ages of seven and seventeen years. The term "blind 
child" is to be construed as meaning any child whose sight is so defective as 
to make it impracticable to obtain an education in schools for the seeing. 
The parents, guardians, or custodians of any blind child or children between 
the ages of seven and seventeen years shall send, or cause to be sent, such 
child or children to some school for the instruction of the blind at least eight 
sessions of nine months each. 

Ex. Sess. 1908, c, 141, ss. 1. 2. 

5770. Parents, etc., failing to send guilty of misdemeanor; provisos. The 

parents, guardians, or custodians of any blind child or children between the 
ages of seven and seventeen years failing to send such child or children to 
some school for the instruction of the blind shall be guilty of a misdemeanor, 
and upon conviction shall be fined or imprisoned, at the discretion of the 
court, for each year that such child or children shall be kept out of school 
between the ages specified: Provided, (1) that this section shall not be en- 
forced against the parents, guardians, or custodians of any blind child until 
such time as the authorities of some school for the instruction of the blind 
shall serve written notice on such parents, guardians, or custodians, direct- 
ing that such child be sent to the school whereof they have charge; and (2) 
that the authorities of the State School for the Blind and the Deaf shall not 
be compelled to retain in their custody or under their instruction any incor- 
rigible person or persons of confirmed immoral habits. 

Ex. Sess. 1908, c. 141, s. 3. 

5771. Duties of census taker and county superintendent. It shall be the 
duty of the school census taker to report name, age, and sex of each blind 



100 Public School Law of J^oeth Carolina 

child in his district, and names of parents, guardians, or custodians and their 
postoffice addresses to the county superintendent of education, who shall send 
said report of names and addresses to the superintendent of the State School 
for the Blind and the Deaf at Raleigh, N. C. Upon the failure of the census 
taker or county superintendent to make such reports, he shall be fined five 
dollars for each blind child not so reported. 

Ex. Sess. 1908, c. 141, s. 4. 

5772. Fines to school fund. All fines provided in this article, when col- 
lected, shall be paid to the public school fund of the county in which such 
blind child lives. 

Ex. Sess. 1908, c. 141, s. 5. 

5773. Sheriffs to enforce law. The sheriffs of the various counties of the 
state of North Carolina shall be required to enforce the provisions of this 
article in all cases of blind children reported to them by the superintendent 
of the State School for the Blind and Deaf. And they shall have authority 
to reimburse themselves for such services and expense as are entailed upon 
them in executing the provisions of this article. 

1917, cc. 20, 254, s. 1. 

5774. Superintendent of school for blind to have free transportation to 
enforce law. In order to aid the superintendent of the State School for the 
Blind and Deaf in securing the attendance of blind children upon the school, 
the various railroads operating in the state of North Carolina may grant 
him transportation without charge. 

1917, cc. 20, 254, s. 1. 



SUBCHAPTER X. COMMERCIAL SCHOOLS 

ART. 51. COMMERCIAL SCHOOLS 

5775. Licenses for commercial schools. Before any business college or 
commercial school shall receive or solicit students, or open any business 
school for the purpose of giving instruction in this state, said school or col- 
lege shall first secure a license from the state board of examiners to the ef- 
fect that it has complied with the requirements of this act, which license 
shall be issued by the state board of examiners upon the payment of an annual 
fee of ten dollars. 

1915, c. 276. s. 1. 

5776. Report to be filed before license. Before any such business college 
or commercial school shall be entitled to receive such license it shall file with 
the state board of examiners a report setting forth: 

1. That it is the owner or lessee of suitable building or rooms for the con- 
duct of its work. 

2. That it has acquired suitable equipment for the courses given by the 
school. 

3. That the said school has secured a faculty of teachers whose training 
has not been less than that required of teachers engaged in similar work in 
public schools of the state. 

4. That said school or college has adopted an approved course of study 
which includes at least the following subjects: bookkeeping, commercial law, 
commercial arithmetic, English, commercial correspondence, business writ- 
ing, shorthand and typewriting. 



Public School Law of ^orth Carolina 101 

5. The owner and manager of such school or college shall further file a 
certificate signed by the county superintendent of public instruction and the 
chairman of the county board of education of the county in which the school 
is situated, to the effect that the owner or manager of such school or college, 
after investigation, has shown satisfactory evidence of his or her efficiency 
and good moral character for fair and honest dealings with their students 
and the public. 

1915, c. 276, s. 2. 

5777. Advertising literature to be filed. The institutions securing license 
imder this article shall file with the state board of examiners copies of all 
advertising literature, including catalogue, pamphlets, circulars, etc., and an 
annual report on or before the first day of July of each year. 

1915, c. 276, s. 3. 

5778. Conducting school without license misdemeanor. Any person who 
shall open or conduct any business college or commercial school within this 
state without having first procured the license herein provided for shall be 
guilty of a misdemeanor, and upon conviction thereof shall be fined or im- 
prisoned at the discretion of the court. 

1915, c. 276, s. 4. 

5779. Blanks for reports and licenses; disposition of license tax. The 

superintendent of public instruction is authorized to furnish all necessary 
blanks for reports and licenses provided for under the provisions of this ar- 
ticle, and all funds received from the license tax herein provided for shall be 
paid to the state treasurer for the expenses of the state board of examiners. 

1915, c. 276, s. 5. 

5780. Application of article. The provisions of this article shall apply 
to all existing chartered business colleges and commercial schools and all 
other business colleges and commercial schools now conducted or to be here- 
after conducted in this state* 

1915, c. 276, s. 6. 



CONSTRUCTIONS 



PUBLIC SCHOOL LAWS 



NORTH CAROLINA 



STATE SUPERINTENDENT OF 
PUBLIC INSTRUCTION 



"The County Board of Education and all other school officers in the sev- 
eral counties shall obey the instructions of the State Superintendent and 
accept his constructions of the school law." (Section 5392, chapter 95, Consoli- 
dated Statutes of North Carolina.) 



STATE SUPERINTENDENT'S CONSTRUCTION OF THE COMPULSORY 

ATTENDANCE ACT 

1. The State Superintendent Has No Authority to allow a parent or guard- 
ian to teach a child at home in lieu of sending such child to school, according 
to the compulsory school law. (September 8, 1913.) 

2. Attendance Officer may serve notices by mail on parents as to the 
absence of children from school. (April 12, 1915.) 

3. Refusal of Parent to have child vaccinated in accordance with orders of 
Board of Health does not excuse the withdrawal of the child from school 
during compulsory period. (November 25, 1913.) 

4. Where Transportation is Provided for children beyond the two-and-a 
half-mile limit, the compulsory law should be made to apply. (December 
14, 1914.) 

5. Attendance Under the Compulsory Law must begin with eighth birth- 
day of child and last until his fourteenth birthday. 

6. Private School Teachers must keiep such records and make such re- 
ports of attendance of children under their instruction as will furnish satis- 
factory evidence that children of compulsory age are receiving satisfactory 
instruction and are attending regularly during the compulsory period. 
(November 12, 1913.) 

I 

DUTIES AND POWERS OF THE COUNTY BOARD OF EDUCATION 

1. Selecting a County Superintendent. — The board has no more important 
duty than this, of electing a county superintendent. I beg to urge the ob- 
servance of the following in the selection of a county superintendent : 
(1) Without fear, without prejudice, political or sectarian, having before your 
eyes only the welfare of the children and the success of the public schools, 
select the most competent man to be had for the money, choosing him from 
your county if such a man is to be found there, and if not to be found in the 
county, seeking him wherever he can be found, as the law permits. (2) If 
your present county superintendent possesses the necessary qualifications 
for a successful administration of his delicate, diflScult, and important duties, 
as I trust he may, reelect him and give him a chance to show what is in 
him and to make a greater success of his work, by paying him, if possible, 
a sufficient salary to justify him in giving all of his time and thought to the 
work of supervision, and to justify you in requiring him to do this. (3) Take 
advantage of the law and pay your superintendent as large a salary as your 
school fund will justify, but be sure that you get more man and more time 
for more money. The county superintendent's office is the most important 
office in the county. He need not he a resident of the county when elected. 
If possiMe, he should he paid large enough salary to enahle him to devote 
all his time to his work. 

2. School Term Should be Continuous. — The purpose of section 5412 is to 
prevent the division of the school term into two, as was so often done form- 



Public School Law of I^oeth Carolina 105 

erly, to the detriment of the school. It simply means that the school term 
m,ust not he divided and taught during different seasons of the year, unless 
some epidemic or other providential cause interferes with the regular term. 
The county hoard must exercise this control if it would carry out the pro- 
visions of the law. 

3. A Member of a County Board of Education may not also be a director 
or a trustee of a State Institution neither can he be a member of a county 
board of elections. 

4. Expense of County Board in Maintaining Its Authority Authorized. — 

Any reasonable exx)ense, including attorney's fees, incurred by the county 
board of education in maintaining its authority and in executing the school 
law is authorized by section 5412. The county board, however, sits as a 
court, and I do not think it would be justified in employing counsel to 
maintain a position taken by one faction in a district against another faction 
of the people. The position of the board is and ought always to be a 
judicial one ; but after the board has taken a position upon any question, or 
has made a ruling, then it would be both lawful and proper for it to employ 
necessary counsel to sustain it. (April 2, 1909.) 

5. Lease of School Property by County Board. — The county board of edu- 
cation has no authority to lease a part of the school building to a secret order, 
or for other purposes, for a period of time extending beyond its term of 
office. (January 15, 1910.) 

6. School Sites; Power of County Board to Fix, Not Limited. — The power 
of the county board of education to fix a school site in any school district, 
local tax or nonlocal tax, is not limited. (January 17, 1911.) 

7. County Board May Offer Reward for Arrest. — The county board of edu- 
cation has the authority, under the general provisions outlined in section 
5402 of the consolidated statutes to offer a reasonable reward for the appre- 
hension and conviction of the parties who burn a public schoolhouse. (April 
12, 1911.) 

8. Member of County Board May be Allowed Compensation for Services as 
Acting Superintendent. — In case of a vacancy in the office of county super- 
intendent, pending a hona fide effort to fill the vacancy, a member of the 
county board acting as county superintendent may receive compensation for 
this service. (June 27, 1911.) 

9. Retiring Member of Board of Education Has No Voice in Selecting; 
Superintendent. — A retiring member of the county board of education whose 
term of office expires on the day the county board is to select a county 
superintendent for the next two years has no voice in the selection of said 
superintendent. The superintendent should not be chosen until the incoming 
new member of the board has qualified and has taken his place as a member 
of board. (July, 1911.) 

10. The County Board of Education has the right to review the decisions 
of school committees in all cases where controversy arises, and the decision 
of the county board is binding on all parties until reviewed by the courts. 
(March 26, 1913.) 

11. Districts May be Abolished or Consolidated by county board of educa- 
tion, but provision must be made for each child of school age to attend some 
school free of tuition. (October 16, 1914.) 



106 Public School Law of N'orth Carolina 

12. Children May be Transferred by county board of education from a 
nonlocal-tax district to a local-tax district for the regular school term, 
provided the consent of committee in local-tax district is given. If such 
children attend longer than the term provided by the county and State taxes, 
however, the local committee have a right to charge a reasonable tuition. 
(October 20, 1914.) 

13. County Board of Education Cannot Compel committee in a local-tax 
district to admit children from outside the local-tax district free of tuition. 
(October 7, 1913.) 

14. If School is Closed in a special-tax district before all the special-tax 
funds are used the amount remaining must be left in the hands of the treas- 
urer to the credit of the local committee, and be used by them for teachers' 
salaries at the succeeding term or terms of the school. (January 18, 1915.) 

15. The Borrowing of Money by county board of education for the payment 
of teachers' salaries is specifically authorized and directed in section 5669 of 
the Public School Law, and the board should exercise the privilege thus 
granted in securing funds for the prompt payment of teachers' salaries monthly 
if the funds cannot be secured otherwise. 

16. Duty of the County Board of Education to Pay Teachers' Salaries 
Promptly. — Under section 5669 of the Public School Law, it is the duty of 
the county board of education to borrow the money for the payment of 
teachers' salaries, if found necessary to do so before the taxes have been 
collected and turned over to the treasurer. The bank from which the money 
is borrowed on the note of the county board of education, under the agree- 
ment, has the right to hold for its own protection and the protection of the 
county board teachers' vouchers paid as collateral security in payment of 
the note until the money is in the hands of the treasurer from the payment 
of the taxes for the settlement of the note, or for partial payment on the 
note from time to time, which could be paid in and credited on the note 
as paid in. When the money from taxes collected is in the hands of the 
treasurer, and he turns it over to the bank and takes up the note, or any 
parts thereof, if paid at different times, the bank shall then turn over to 
the treasurer the teachers' vouchers, and the treasurer will then be entitled 
to his commissions on such part or all of the amount borrowed as he may 
have paid, and for which the bank turned over to him the teachers' vouchers 
as vouchers in his hands for the amount paid to the bank. This item, if 
outstanding on the first of July, will have to be reported as money borrowed 
for the payment of teachers' salaries, both by the treasurer and -the county 
superintendent, for the board of education on the financial report of each. 
(July 24, 191-6.) 

17. Member of County Board of Education May Not Vote by Proxy. — There 
is no provision in the law by which a member of the county board of edu- 
cation may leave his proxy or power of attorney with another member of 
the board to vote for him during his absence from the State. (March 28, 
1917.) 

18. Meetings of County Boards of Education. — Under section 5410 of the 
Public School Law the county board of education is authorized and directed 
to hold meetings on the first Monday in January, April, July, and October. 
Each of these meetings may continue in session two days, if necessary. The 
board may have called meetings of one day each as often as once a month, 



Public School Law of ^oeth Carolina 107 

if the school business of the county require it. This would authorize one 
called meeting for each month of the year, if found necessary. The called 
meetings, therefore, could not exceed one each for each of the twelve months 
during the year, and could not exceed one in any month. (July 25, 1916.) 

19. Compensation of a Member of County Board of Education for Special 
Services. — A member of the county board of education, by order of the 
county board, may be paid, in addition to actual expenses, a per diem not 
to exceed the regular per diem of a member of the board, for extra service, 
ordered by the county board of education, as the representative of the county 
board in connection with the work that the law places under the control of 
the county board and makes the county board responsible for which the 
county superintendent, as the representative and the agent of the board, 
cannot attend to. In cases of this sort an extra service calling for extra 
compensation by members of the county board of education, ordered by the 
board, should not be ordered except in cases of emergency which the county 
superintendent cannot look after and in which the interest of the schools 
would materially suffer without such extra service of the members of a 
committee of the board. Such extra service and compensation by members 
of the board are always subject to criticism and sometimes to abuse, and 
should be avoided as far as possible, (July 25, 1916.) 

II 

THE COUNTY SUPERINTENDENT 

1. Office Expense for County Superintendent; County Board Must Pro- 
vide for. — Section 5424 of the Public School Law requires the county board 
of education to provide the county superintendent with an office at the county 
seat. I do not think there can be any doubt as to the meaning of these 
words. Evidently an office without heat would be an unheard-of thing ; there- 
fore, I am sure that fuel should be included, also necessary furniture and 
office supplies. 

2. Weekly and Monthly Reports. The law fully authorizes the county su- 
perintendent to require such reports from teachers in charge of public schools 
as to him seem advisable. Voucher for teacher's salary should not be approved 
at the end of the month till the monthly report has been received. The same 
rule should be adopted with reference to final reports. 

3. May a County Superintendent Teach? — For good and sufficient reasons, 
a county superintendent will be permitted to teach during the year, provided 
satisfactory arrangements be made for visiting the schools while in session 
and otherwise obeying the law. Whatsoever arrangements are made should 
be submitted to the State Superintendent and the State Board of Education 
for approval. But it is best, wherever possible, for the superintendent to 
give his undivided time to the supervision of the schools in his county. 

4. The Professional Qualifications for County Superintendent made by 
section 5425, so far as they refer to experience, mean actual teaching or 
actual supervision of schools. The chairman of the county board of educa- 
tion could not be considered as a supervisor of schools within the moaning 
of this act. (November 23, 1914.) 

5. Certification of County Superintendent. — The legislature may fix such 
qualifications as it may please for any legislative office, provided the proposed 



108 Public School Law of Worth Carolina 

incumbent is a voter. The legislature made certification by the State Board 
of Examiners and Institute Conductors under the rules and regulations of that 
board a qualification for the office of county superintendent. See report of 
Attorney General 1916-19, page 133. A county superintendent, then, not 
properly certificated unlawfully holds a public office from which he may be 
removed by judgment in an action against him instituted by the Attorney 
General on his own relation or upon complaint of a private party. 

Ill 

DUTIES AND POWERS OF SCHOOL COMMITTEEMEN AND 

TRUSTEES 

1. Removal of Committeemen from Office. — Under section 5414 of the 
Public School Law the county superintendent, when charges are made against 
committeemen, should report such charges to the county board of education, 
which board should then formulate the charges and give in writing at least 
ten days notice to the committeemen of the charges preferred against them. 
This notice should be served by the proper officer, as directed by section 5418 
of the Public School Law, unless the committeemen accept service in a 
different manner. The county board should appoint a day for the hearing 
of the charges and thoroughly Investigate them, giving the accused committee- 
men an opportunity to be heard and to offer evidence. After such hearing the 
board should decide whether the committeemen should be removed or not. 
A complete record of the entire proceedings should be entered on the minutes 
of the board. 

2. State Board of Education has no power to review action of the county 
board in dismissing a committeeman. 

3. Trusteeship an Office of Trust. — Under the language of the Constitution 
and the decisions of our courts, I am constrained to believe that a trustee 
or committeeman of a school should be regarded as holding a position of 
trust. (May 3, 1909.) Under section 5539, these positions are declared to 
be places of profit or trust and not offices in this State. 

4. Retiring Trustees Have No Voice in Choosing Their Successors. — In the 

election of new members of a board of trustees of a graded school the retiring 
members should have no voice in the election of their successors. (May 
18, 1909.) 

5. Voucher for More Money Than is to the Credit of the District. — The law 

forbids the signing of a teacher's voucher for more money than the district 
has to its credit. Section 5466. 

6. Trustee or Committeeman Cannot Hold Other Public Office. — "A public 
office is an agency for the State, and the person whose duty it is to perform 
the agency is a public officer." The first question asked is, Can a party who 
is school trustee and committeeman, without pay or profit, hold, at the 
same time, the position of county commissioner? I do not think so. 

In the case of Barnhill v. Thompson, 122 N. C, 493, it is held that the board 
of county commissioners and the county board of education each constitute 
an office, and what is said there in regard to the county board of education, 
I think, applies with equal force to school "trustees or school committeemen. 



Public School Law of ^okth Carolina 109 

The fact that no salary was received in one of the places makes no difference. 
Walker v. Bledsoe, 68 N. C, 457. 

Second : Can one person be, at the same time, clerk of the Superior Court 
and a member of a school committee? I do not think he can. A clerk of the 
court is clearly an officer within the meaning of the Constitution, Article 
XIV, section 7. See White v. Murray, 126 N. C, 156. 

A trustee of a graded school operated under a special legislative act may 
not be a director or trustee of a state institution. 

7. Pupils May Not be Debarred from public schools by committee on ac- 
count of previous immoral conduct, provided the conduct of such pupils at 
present is not such as to be detrimental to other pupils. ( September 18, 1913 ; 
December 19, 1914.) 

8. Committee May Dismiss Teacher who has tuberculosis or other disease 
which might be damaging to pupils. (December 26, 1913.) 

9. Committeemen Cannot Contract with Teacher for a longer term than 
the public money will provide ; and any contract made for a longer term than 
can be provided by the public money of the district is not binding on the 
committee. (January 7, 1914.) 

10. Committeemen for Special-tax Districts. — Section 5536 of the Public 
School Law directs the county board of education to appoint a committee for 
special-tax districts voted under that section, and I have always ruled that 
such a committee should be appointed and that their authority in that dis- 
trict supersedes the authority of the township committee. I think there can 
be no doubt about this. (June 14, 1915.) 

11. A Man Who is Not Eligible to Vote May Serve as School Committee- 
man. — The position of school committeeman or member of the board of 
trustees of educational institutions is declared to be a place of profit or 
trust, and not an office, and, therefore, a man is eligible to serve as a school 
committeeman who has not been in the State two years and is not a voter. 
These are requisite for holding office, but not for holding a place of profit 
or trust that is declared by statute not to be an office. (September 25, 
1916.) 

12. Acts of a School Committeeman Whose Term is About to Expire, Legal. 

Under section 5458 of the Public School Law, which expressly states that 
a committeeman shall serve until his successor is elected and qualified, any 
action of the committeeman in the meantime as school committeeman would 
be legal. The employment of a teacher and the contract with her, however, 
would not be legal unless the requirements of section 5665 of the Public 
School Law were complied with. (August 31, 1916.) 

IV 
DUTIES, PRIVILEGES AND QUALIFICATIONS OF TEACHERS 

1. Road Duty; Teacher Not Exempt. — Under the law no one of road age 
is now exempt from the provisions of the road law, except by special statute 
of the General Assembly or by special action of the road supervisors. 

2. Compensation for Substitute Teacher. — The question of allowing com- 
pensation for a substitute teacher during the ilhiess of the regular teacher 
is one that appeals to the sense of justice. If the compensation is allowed, 



110 Public School Law of ^orth Carolina 

order for the same would have to be made in behalf of the regular teacher, 
who would then pay the substitute teacher himself. The committee would 
have no legal right to sign a voucher for the payment of the salary of any 
teacher who did not hold a teacher's certificate. Of course, the substitute 
teacher should be acceptable to the committee. 

3. Teacher Has Right to Make and to Enforce Rules for Discipline in 
Schools. — Under section 5666 a teacher in a county school has the right to 
make and enforce reasonable rules for the maintainance of such discipline as 
may seem proper to the teacher. Appeal from these rules may be made to 
the county board of education, who, for sufficient cause, may rescind the 
rules. 

4. Teachers' Right Over Pupils on Way to and from School. — The teacher 
has a right to make reasonable rules governing the conduct of pupils on the 
way to and from school, and to enforce same. (April 2, 1912.) 

5. Contract with Teacher Binding; When Not. — Contract with teacher is 
binding in case schoolhouse burns and can be easily substituted for by 
renting or otherwise. But if suitable place to teach cannot be secured, 
committee is not bound. (June 9, 1911.) 

6. Salary of Second Grade Teacher Cannot Exceed $45. — Under section 
5668 a committee in a special-tax district is not authorized to employ second 
grade teacher for more than $45. 

7. Thanksgiving Day a Legal Holiday. — Thanksgiving Day is a legal holi- 
day and should be counted as a day in the school month. It would be both 
unlawful and impious to charge up the day of Thanksgiving against the 
teachers of the State. (December 4, 1909,) 

8. Holidays. — It has been our ruling that Thanksgiving Day should be 
observed as holiday in the public schools, and that teachers as well as 
the pupils must be given that day. The observance of other holidays is 
largely a matter of regulation by the county board of education and the school 
committee. With our short school term, especially in the rural schools, 
I should not advise the observance of other holidays — like Washington's 
birthday — except by special exercises of a patriotic nature in the schools. 
If other holidays are taken, except under extraordinary circumstances, the 
teacher should, in my opinion, be required to make up the time at the end 
of the term. (March 21, 1917.) 

9. What Constitutes a School Day? — I presume that in construing the law 
fixing a school day at not less than six hours nor more than seven hours the 
committee would have to use the same common sense that they would use 
in other business. A literal construction of the law would, I presume, re- 
quire at least six hours of school work. A reasonable construction would 
probably allow short recesses to be taken out of this time, as the teacher is 
compelled to remain and have supervision of the children during recesses. 
If the amount of time taken for recess is excessive, of course, it should not 
be included in the six hours. You can easily understand how, if the teacher 
was allowed to count all recesses and to give as much time to recesses as 
he chose, the number of hours of work might be too greatly reduced. 
Whether the law ought to be construed to require six hours of actual school 
work would depend, I think, to some extent, upon the season of the year and 
the distance of the children living farthest from, the school had to walk. 



Public School Law of JSTorth Carolina 111 

For example, in many places it would be difficult in the winter to begin 
earlier than 9 a. m. or to close later than 4 p. m. This would give six hours 
of work, with an intermission of an hour for dinner, but would not include 
any short recesses between times, which are usually desirable, and which, 
I think, ought to be included in the six hours. 

The trustees of a school operated under a special charter may, in conjunc- 
tion with teachers, make such regulations as they deem wise. 

10. Criminal Charges Against Teachers. — The committee should refuse to 
sign the voucher of a teacher who falsified in his report as to the number 
of days he taught, and should report the facts to the county board of educa- 
tion, giving their reasons for refusing to sign. Then, under section 5412 
the county board of education could investigate the matter, after written 
notice of ten days as therein provided, and, if the charges be sustained, 
could debar the teacher from teaching and cancel his certificate. 

11. Teacher Cannot Expect Reimbursement from School Fund for Stolen 
Property; Cannot Sue Board for Such Loss. — School authorities should not 
be held responsible for personal property of teacher while in the employ of 
school, even if property is stolen from public schoolhouse. Trustees can 
make allowance to teacher for such stolen property if they think proper, but 
the school fund is not liable in damages for amount by suit. The county 
board of education is a corporation conducting lart of the functions of the 
State Government, and suit cannot be brought against it in the absence of a 
statute so providing. (July 3, 1911.) 

12. High School Principal Cannot Serve as Member of County Board. — 

Under section 5409 a principal of a public high school cannot serve as a 
member of the county board of education. (July 3, 1912.) 

13. Salary of Teachers in Special-tax District. — Special-tax funds may be 
used for the improvement of the special-tax school, such as supplementing 
the salary of first grade teachers, in order to get better teachers, improving 
the schoolhouse grounds and equipment, all of which are purposes for which 
school funds can be legally used, under the Public School Law, and the 
recommendations of the special-tax committee unless unreasonable, should 
be approved by the county board of education and the county superintendent. 
In this matter of improving the school of a special-tax district the main 
purpose and the main inducement for supplementing the State and county 
apportionment by local taxation is to improve the district school, not only by 
extending the term, but by improving the equipment and securing the best 
teachers possible. (January 31, 1916.) 



RIGHTS AND OBLIGATIONS OF PATRONS AND PUPILS 

1. Rights of Bona Fide Citizens to Patronize School. — Any person moving 
into a graded school district and becoming a l)07ia fide citizen has a consti- 
tutional right to send his children of school age to the public graded school 
of such district without paying tuition, from the time that ho becomes a 
hona fide citizen of that district. 

2. Bona Fide Residents Entitled to School Facilities. — When a person 
moves to town for the purpose of making his home there, he at once be- 



112 Public School Law of I^orth Carolina 

comes a J)ona fide resident, and, therefore, has a right to send his children to 
the local public school. But, on the other hand, if he moves to town just for 
a few months in order to get the benefit o^ the graded school, then he should 
not be regarded as a resident, and, therefore, would not be entitled to send his 
children to the graded school without the payment of tuition. I am of the 
opinion that an order made by the school board that for one to be entitled 
to send his children to school he must have been a bona fide resident of the 
town or district for twelve months is an ultra vires act on the part of the 
authorities. This would be in violation of the Constitution providing that 
all children have an opportunity to go to school four months each year. 
(January 8, 1910.) 

3. Patrons of School District Defined. — The patrons of a public school 
district are those living in the district who have children or stand in loco 
parentis to children within the school age. (August 5, 1909.) 

4. Admission of Pupils Cannot be Refused Because of Overcrowded Condi- 
tions. — Graded school trustees or committees have no legal right to refuse, 
for the reason that the grades are overcrowded, to admit pupils who are of 
school age and residents of the district. (January 22, 1910.) 

5. Public Schools for Indians; County Board Must Provide. — It is the duty 
of the county board of education to provide public school facilities for the 
Indian children of the county in which such children may reside. The 
Indian children should be treated as white and negro children in the appor- 
tionment of the school funds of the county, and separate schools, under the 
law, must be provided for them, if they are tax-payers and the Federal Gov- 
ernment has provided no school or inadequate school facilities for them. 

6. A Pupil is Not Exempt from road duty if he is a resident of the district. 
If a nonresident, he is exempt. (November 12, 1913.) 

7. Pupils May Not be Required by teacher to make up work on Saturdays 
which was missed on regular school days. (October 26, 1914.) 

8. Studies for High School Pupils. — The course of study for public high 
schools is prescribed by the State Superintendent of Public Instruction. It 
is given in detail in the bulletin issued by the office of the Superintendent 
of Public Instruction. Students of the high schools are required to pursue 
this course, unless they ojQfer to the teacher and the high school committee 
valid excuse for deviation from it. Pupils desiring to be excused from taking 
this course would, of course, have the right of appeal from the action of the 
teacher and the high school committee to the county board of education. 
It is the duty of the teacher and of the school committee to enforce the 
course of study as prescribed, unless the best reasons can be offered by 
the student for being excused from any part of it. It would be a dangerous 
precedent to excuse the pupils from any part of the prescribed course for 
flimsy and insufficient excuses, and would, of course, result in throwing the 
course of study into chaos. (January 14, 1916.) 

9. Corporal Punishment of Pupils by Teachers. — Teachers stand in loco 
parentis and are clothed with certainly a reasonable authority for cor- 
recting the pupils placed under their charge. A moderate degree of cor- 
poral punishment can be inflicted without violation of the law, if it be done 
so as not to inflict permanent injury, or without any malicious or evil pur- 
pose on the part of the teacher. This question was decided very early in our 
State by our Supreme Court, 19 N. C. Report, page 365, in the case of 



Public School Law of N^orth Carolina 113 

State V. Pendergj'ast, in which Judge Gaston laid down the rule which seems 
to have been consistently followed by our courts up to the present time. 
(March 21, 1917.) 

VI 

SCHOOL DISTRICTS AND DISTRICT FUNDS 

(a) Regular. 

(b) Special-Tax Districts. 

(c) City and Graded School Districts Under Special Charter. 

(d) Bonds. 

1. Fixing Boundaries of Districts Left to Discretion of County Board. — 

County board of education has authority, under section 5469, to divide the 
townships and the county into convenient school districts. The formation 
and consolidation of districts are placed in the discretion of this board. The 
Attorney-General advises me that in the case of Howell v. Howell, in Hay- 
wood County, the Supreme Court of North Carolina holds that the laying off 
of school districts and the fixing of their boundaries is in the discretion of 
the county board of education, and no appeal therefrom lies to the courts. It 
is, of course, however, a discretion that should not be exercised arbitrarily, 
and I feel sure that the county board of education will, as directed in section 
5469, always consult the convenience and necessities of the people in fixing 
the boundaries of the districts, and will give a full hearing to both sides 
before determining the matter. (June 6, 1910.) 

2. To Consolidate Small Districts, Duty of Board. — It is the duty of the 
county board of education to consolidate districts where the attendance is 
less than fifteen pupils unless the geographic conditions are such that the 
children cannot attend some adjoining district without seriously limiting 
their educational opportunities. 

(b) 

3. Boundaries of Local-tax Districts, How changed. — County board of 
education has no authority to take territory from a local-tax district formed 
by special charter and transfer to another local-tax district. It can change 
boundary lines between local-tax districts formed under section 5526, but 
not between one formed under that section and another formed by special 
act. (September 12, 1911.) 

4. Boundaries of Local-tax Districts Cannot be Changed so as to Reduce 
District After Election is Called. — After an election for a local-tax has been 
duly called the county board of education has no authority to reduce the 
size of the district by making changes in the notices already posted, cutting 
out certain territory. If the election is regularly called and regularly held 
the tax should be levied on the original district. (December 18, 1911.) 

5. Contiguous Territory Defined. — "Contiguous territory" in section 5530 
refers to territory adjoining, but not lying within, a special-tax district. 
(September 12, 1911.) 

6. Special-tax District; Commissioners Cannot Levy More Than Maxi- 
mum Rate; Cannot Reduce Amount to be Voted on After Notice of Election. — 

The commissioners of a county can never levy more than the maximum 
8 



114 Public School Law of I^okth Caeolina 

amount of taxes voted for by the people in a special-tax district. But if the 
maximum amount should be found to be more than the district required, 
then, upon recommendation of the county board of education, it would be 
lawful for the commissioners to levy less than the maximum amount voted 
for. As to the question of reducing the amount of taxes to be voted on 
after the call and notice of election, I beg to advise that such a reduction 
would be equivalent to ordering a new election, and the same notice would 
have to be given after the reduction as if no notice had been issued at all. 
(April 23, 1910.) 

7. Taxation in Local-tax Districts; Commissioners Cannot Change Rate of. 

The board of county commissioners cannot legally change the rate of taxa- 
tion in a special-tax district after the tax has been duly voted according to 
law, in cases where the order for the election specifies the rate and due 
publication of the notice has been given. (February 1, 1909.) 

8. To Call off Special Tax-election. — The County Board of Education has 
authority to revoke its endorsement of a petition for a special-tax election 
under section 5526 at any time after the election is called by the county 
commissioners provided this is done before the election is actually held. 

9. Tax List in Special District; Expense of Making Borne by County 
Commissioners. — Under section 5528 it is the duty of the county commis- 
sioners to pay all expenses incident to levying and collecting the tax in a 
special district. (November 23, 1909.) 

10. The School Fund is not liable for any part of the expense of listing 
the taxes in special-tax districts. Special-tax funds, however, levied and 
collected under section 5526, are liable for commissions of all legally com- 
missioned officers who collect and disburse such fund. (March 11, 1915.) 

11. Control of Special-tax Funds in Hands of Committee. — After the 
establishment of a special-tax district and the appointment of the committee 
for that district, the employment of the teacher and the control of the special- 
tax fund is vested in the committee of the district. 

12. Township High School Tax.— Under section 5511 of the Public School 
Law a township high school tax can be voted, irrespective of the boundaries 
of any special-tax district that may be included within the township boun- 
daries. 

13. When Special-tax Levy May be Made by County Commissioners. — If a 

special-tax election is held and carried before the levy is actually made by 
the county commissioners, the levy of the special-tax will be legal. If, 
however, the election is not carried until after the tax levy has been made 
by the commissioners for any particular year, it cannot be legally made 
for that year, after the date that is set by law for making the levy. A special- 
tax levy shall be made at the same time and in the same manner as other 
taxes under the law. (June 23, 1916.) 

14. Petition for Special-tax Election under section 5526 must be approved 
by the county board of education in session at a regular or a called meeting. 
(March 2, 1917.) 

15. Freeholder Defined. — One who is not a qualified voter cannot be counted 
as a freeholder within the meaning of the law. (July 25, 1916.) 



Public School Law of ISTorth Carolina 115 

(c) 

16. Special-tax District; One Town Cannot Invade Corporate Limits of 
Another Town in Establishing. — Section 5526 does not authorize one town to 
invade the corporate limits of another town for the purpose of establishing 
a special school-tax district. 

I think that under section 5526 a (district can be established containing an 
the territory within the corporate limits of a town and also include some 
outlying territory, but I do not think that the corporate limits of another 
town can be invaded. (March 20, 1911.) 

17. Supervisors of all Special Subjects in City Schools Must be paid out 
of the city school fund or incidental expense fund. 

18. Compensation for Disbursement of City School Fund. — Section 2728 of 
the Revisal of 1905 authorizes the county board of education to fix the 
compensation of the treasurer at such sum as it may see fit, provided the 
amount does not exceed two per cent on disbursements. If the special tax is 
paid to him and then paid by him to the local treasurer, he might have a 
technical right to claim his commissions upon the amount as a disburse- 
ment, though I have always advised that a disbursement of this sort in a 
lump sum was not such a disbursement as was comtemplated by the section 
named, as it was largely a matter of form, without trouble to the treasurer, 
and that, therefore, the county board of education should regulate the com- 
mission upon it, and either allow the treasurer no commission upon that 
sum or else allow him a very much smaller commission than was allowed 
upon other disbursements, the local treasurer receiving the larger part of the 
commission for disbursement, as he was compelled to have all the trouble 
in disbursing it in small amounts and keeping the books and accounts. In a 
word, the matter should be regulated by agreement between the local board 
of trustees and the county board of education. There certainly should not be 
double commissions allowed on the same school fund — one to the county treas- 
urer and the other to the local treasurer. The commissions on both certainly 
should not exceed the maximum fixed by the statute, and, if necessary, it 
should be divided between them in proportion to the trouble and responsibility 
of each. In case an equitable agreement cannot be reached, then I would 
advise an amendment to your school bill, directing the special tax to be paid 
directly to your local treasurer, who is under bond, without passing through 
the hands of the county treasurer. The matter is regulated in this way in 
a number of special school acts of towns and cities. 

19. Reports from City Schools. — Section 5383 of the Public School Law 
requires full reports of the city schools to the State Superintendent, also tu 
the county superintendent, in such form and at such time as may be directed 
by these officers. No school operating under special charter that is sup- 
ported wholly or in part by public funds has a right to refuse to make these 
reports and expect to continue to receive its proper share of public school 
money. 

(d) 

20. The Amount of Tax to Levy to Pay Interest and Provide for Sinking 
Fund for Bond Issue. — The tax levy for bond issue must be limited to the 
amount actually needed for taking care of the interest of the bond issue and 
providing for the sinking fund. (June 23, 1916.) 



116 Public School Law of ISTorth Carolina 

21. SuflSciency of Notice of Election Called for Bond Issue. — The order 
calling for an election for a bond issue under section 5676 must set forth the 
maximum tax that may be levied, and except it does set forth the maximum 
tax that may be levied, the order calling the election is not sufficient in this 
respect. (June 19, 1916.) 

22. Bond Issue in District Lying in Two Counties. — Under the general 
statute, where a school district lies in two counties, it is competent to have 
a bond issue for school building purposes but this must be accomplished by 
the respective boards of education each petitioning its board of county com- 
missioners to call an election in that part of the district that lies in its county. 
This holds good even though the district is a specially chartered one. 

23. Bonds May be Issued for Teacherages as well as for school buildings. 

24. The Sinking Fund for Retiring Bonds of a Specially Chartered District 

must be paid out of the city school's funds. The rate at which the county's 
building fund is apportioned to the city school is fixed by law. 

VIII 

LOANS AND LIBRARIES 

1. County Appropriations for Libraries. — The State appropriation for rural 
libraries is limited to five thousand dollars for two years. The number of 
new libraries to the county for which this fund is available before November 
30th of any biennial period is six. There is no authority in the law for the 
county board to appropriate any money for rural libraries except the spe- 
cific authority conferred by the rural library act, and this is conditioned 
always upon the raising of ten dollars by the community and the appropri- 
ation of ten dollars by the State. The same law, therefore, that limits the 
number of libraries for which appropriation may be made by the State 
also limits the number for which appropriation may be made by the county 
during the two-year period. I am of the opinion, therefore, that the county 
board has no legal authority to make an appropriation for more than six 
original rural libraries during the two-year period ending November 30th. 

(See sec. 1, subsec. d, laws 1915.) 

IX 

SCHOOL FUNDS 

(a) General {including Fines, Forfeitures, and Penalties.) 

(b) Special Tax. 

(c) City Schools Under Special Charter. 

(a) 

1. County Board Has No Power to Designate Bank at Which Treasurer 
Shall Deposit School Funds. — The treasurer and the sureties on his bond 
are responsible for the safe-keeping of the school fund. Being liable on his 
bond for the safety of the fund, it is proper that the treasurer should have 
the power to determine where and in what manner the fund shall be kept. 
The county board of education ha? no power, therefore, to designate the 
bank in which the school fund shall be kept. (July 3, 1912.) 



Public School Law of I^okth Cakolina 117 

2. Special Poll Tax for Other Than School Purposes. — The county school 
fund is not entitled to any part of a poll tax levied by the Legislature for 
special county purposes other than for schools. 

3. Fines, Forfeitures, and Penalties Must be Recorded and Reported. — All 

fines, forfeitures, and penalties must be recorded and reported as required 
by section 5, Article IX, of the State Constitution. Policemen or other officers 
cannot legally accept fines and mak'; compromises without judgment. 

4. Fines, Forfeitures, Etc., Cannot be Remitted. — The county board of 
education cannot remit by compromise any portion of fines, forfeitures, and 
penalties due the county school fund and diverted by towns and cities. 

5. Fines, Etc., Imposed in Mayor's Court Must Go to County School Fund. — 

All fines, etc., imposed in mayors' courts of towns and cities must be prop- 
erly reported and paid over to the county school fund, and failure to do so 
is a misdemeanor. Evasions are illegal. 

6. Fines Imposed by Recorder's Court Must Go to County School Fund. — 

Fines imposed by a recorder's court must go to the general county school 
fund, and not to the graded school fund of the town in which the recorder's 
court sits. (May 14, 1909.) 

7. Fines Cannot be Remitted by Another Judge. — Fines imposed by a judge 
cannot be remitted by another judge. (August 29, 1910.) 

8. All Fines, Forfeitures, and Penalties recovered in city or recorder's 
court in any criminal action are payable to general school fund of county, 
for all warrants issued in such cases are issued in the name of the State. 
The city, however, may sue in civil action in name of the city. Any judgment 
rendered under such civil action is merely a debt, and the person against 
whom such judgment is rendered cannot be arrested for nonpayment. 
(February 23, 1914.) 

9. Stills, Sale of Materials Taken From, Regarded as Forfeiture. — The 

sale of material from stills taken in the enforcement of the prohibition law is 
considered forfeiture, and the proceeds therefrom should be turned over to 
the county school fund. (July 6, 1912.) 

10. Levy for Building and Incidental Fund. — The county board of educa- 
tion can ask for a tax for building and incidental expense purposes and the 
courts may compel the county commissioners to levy a tax to raise an amoimt 
not to exceed 25 per cent of the total teachers salary fund. This is exclusive 
of all other funds that may be received for these purposes. 

If the revenue received for incidental purposes from the specified sources 
is sufficient for such purposes then the special tax described above will go 
exclusively to the building fund. 

11. Salary of Whole Time Health Officer. — There is nothing in the law 
that would prevent the county board of education paying a part of the salary 
of a whole time health officer. If the payment is made it would have to be 
charged to the incidental expense fund. 

12. County is Not Required by article IX, section 5, of Constitution of 
North Carolina to pay to the school fund amount of fine imposed when fine is 
worked out on roads or served out in jail. (January 15, 1914.) 

13. Total State and County Poll Tax cannot exceed two dollars. Not 
more than one-fourth of this amount can be used for maintainance of the 



118 Public School Law of IN'orth Caeolina 

poor. At least three-fourths must be appropriated to the public schools. 
If so much as one-fourth is not used for the maintainance of the poor the 
balance, whatever it may be. must be turned over to the public school fund. 
(January 3. 1913.) 

14. Publish Annual Statement. — The county board of education under 
section 5410 is required to publish annually at the close of the fiscal year an 
itemized detailed statement of the receipts and disbursements. Chapter 
123 of the laws of 1911 requires that the statement show each receipt and 
from whom received and each disbursement and to whom paid. 

15. Payment of Fee for Recording of Deeds. — There seems to be no law 
that exempts the recording of deeds to public school property from the pay- 
ment of the usual charges for performing this service. I should judge that 
the board of education would be the proper party to pay the recording 
charges for deeds to property that belongs to that board. (April 21, 1917.) 



SPECIAL-TAX ELECTIONS 

1. Special-tax Elections Held Within Less Than Thirty Days of Another 
Election. — After consultation with the Attorney-General, I am of the opinion 
that the provision in the general election law forbidding the holding of elec- 
tions within thirty days of another election does not apply to special-tax 
elections held under section 5526 of the Public School Law, which provides 
that such elections may be held after thirty days notice, and that there is 
no recent decision of the Supreme Court touching the matter, so far as we 
have any information. 

2. Sundays Counted in Twenty Days for Keeping Registration Books Open. 

In counting the twenty days preceding an election for local tax, during which 
the registration books must be kept open, as provided by section 4323 of 
the Revisal of 1905, Sundays must be included. (June 9, 1909.) 

3. Qualified Voters; Number Determined by Old Registration Books. — The 

board of county commissioners should use the old registration books as a 
basis for determining whether or not the requisite number of qualified voters 
have signed a petition for the repeal of a special tax. Either party to a con- 
troversy, however, would have a right to show that some who are now 
registered have left the district and that other qualified voters have come into 
the district and become qualified. 

4. Ordering Local-tax Election: County Board of Education Has Discre- 
tion; County Commissioners Have Not. — The approval of a petition for a 
local-tax district lies wholly in the discretion of the county board of educa- 
tion, and may not be compelled, but upon a petition of one-fourth of the free- 
holders endorsed by the county "board of education, the county commissioners 
have no discretion, but must order and hold the election, as provided in sec- 
tion 5527. (July 1, 1909.) 

5. Taxation in Local Tax District, Authority of Commissioners to Fix Rate 

of. — If special-tax election was called under the general provisions of 
section 5526. without specifying in the petition, order, or notice the amount to 
be voted, levied, and collected, the county board of commissioners can levy and 
collect a less amount than the maximun fixed in this section, but only upon 



Public School Law of Xorth Cakolixa 119 

recommendation of the committee of the district approved by the county 
board of education. (June 1, 1911.) 

6. How Special Tax May be Repealed. — Section 5531 provides a way by 
which a si>ecial-tax may be repealed without special legislative enactment. 
An election for this purpose may be called by the board of county com- 
missioners, upon approval by the county board of education of a petition 
signed by two-thirds of the qualified voters residing in the special-tax dis- 
trict. Such election cannot be held within less than two years from the date 
of the election at which the tax was voted nor within two years of any pre- 
vious election for voting off the tax. 

7. Persons Not Allowed to Vote Who Moved Into District Within Four 
Months Preceeding Election. — Persons may not be allowed to vote at a special 
school election who have moved into the district from another part of the 
same township within four months preceding the date of election. To be 
entitled to vote, a person shall have resided four months in the precinct, 
ward, or election district in which he offers to vote next preceding the election. 
(March, 1913.) 

8. Boundaries of a Special-tax District may not be enlarged by the Legis- 
lature unless an election is provided for in the territory which has not voted 
upon the question of a special-tax levy. (February 13, 1915.) 

9. To Vote in a Special-tax Election which is held prior to May first, a 
man must have paid his poll tax for the preceding fiscal year. That is to 
say, no man can vote in a special-tax election which is held between Janu- 
ary first and May first unless he could have voted any time after May first 
of the preceding calendar year. (March 19, 1915.) 

10. The Term "Freeholder" does not include women, infants, and non- 
residents. (January 29, 1914.) 

11. Taxes Must be Levied Equally on all residents living within the con- 
fines of a special-tax district, without respect to race. (March 25, 1914.) 

12. No Petition to Revoke a special-tax can be approved by a county 
board of education so long as there is any debt on the building in such dis- 
trict caused by the borrowing of money from the county or the State over 
and above that to which the district was rightfully due from general building 
fimd. (April 30, 1914.) 

XI 

SCHOOL PROPERTY 

(a) General — Title to and Control of. 
(6) Houses and Lands. 

(a) 

1. Title to School Property in District Created by Legislature Remains in 
County Board. — The title to the public school property that may be in a 
district, when created by legislative enactment, which gives authority to a 
local school board to manage the school affairs of the district independent 
of the county board of education remains in the county board of eilucation. 
and such property may be disposed of by the county board in such manner 
as it deems equitable and just. 



120 Public School Law of I^orth Carolina 

2. Control of School Property Vested in Committee and County Board. — 

Under sections 5464 and 5412 the school committee and the county board 
of education have full power to control the school property and to make rules 
and regulations for its control in such manner as they deem best for the 
interest of the public schools and the cause of education. The county board 
of education unquestionably has the entire control of the property in a district 
in which the committee has resigned. (April 17, 1908.) 

3. Proceeds From Sale of School Property. — It is no violation of the spirit 
of the law to appropriate the proceeds from the sale of school property for 
the purpose of purchasing other property in the same or an enlarged district, 
although the full per cent of the annual fund allowed for building may have 
been set aside for the district. 

4. Condemnation Proceedings, When and How Instituted. — Under section 
5416 of the Public School Law the county board of education has authority 
to select a site for a schoolhouse and secure the same, to the extent of three 
acres, by condemnation, if it cannot- be obtained otherwise. In accordance 
with this section, appraisers shall be appointed by the clerk of the Superior 
Court to appraise the value. 

5. Land Acquired by County Board Does Not Revert to Heirs. — Land ac- 
quired by the county board of education through condemnation proceedings, 
when it ceases to be used for school purposes, does not revert to the heirs 
of the original owner, but as the board acquires a title in fee simple, the 
board can give a title in fee simple. (June 12, 1911.) 

6. Property Deeded for School Purposes; When it Reverts to Heirs. — 

Property deeded for school purposes to school trustees or to the county 
board of education except by fee simple deed, reverts to the heirs of orginal 
owners when it ceases to be used for the purposes set out in the deed. 
(March 17, 1909.) 

. (b) 

7. Plans for Schoolhouses Must be Approved and Buildings Inspected. — It 

is true that plans and specifications for schoolhouses are provided at the 
office of the Superintendent of Public Instruction. Furthermore, the law for- 
bids the erection of any public schoolhouse that is not built in accordance 
with plans approved by him. Of course, this does not mean that all school- 
houses must be built after the plans and specifications that have been pre- 
pared for distribution from this office, but other plans may be submitted for 
his approval, as is often done. Section 5415 also requires all new school- 
houses to be inspected, received, and approved by the county superintendent 
before full payment is made therefor. 

8. Doors of Schoolhouses Must Open Outward. — Under the provisions of 
chapter 637, Laws of 1909, the doors of schoolhouses having more than one 
room, whether in towns or in the rural districts, must be so hung as to open 
outward. (July 12, 1909.) 

9. One-half of the Cost of New Schoolhouses May be Paid by County 
Board. — Section 5415 clearly means that the county board, out of the building 
fund, shall not pay exceeding one-half the cost of building any new school- 
house, the other half of the expense to be borne by the district. But the 
board has complete control of the whole subject, and may forbid the erection 
of a schoolhouse in a district which ought not to exist. It must be re- 



Public School Law of T^okth Carolina 121 

membered that no house can be built unless it is built in accordance with 
plans approved by the State Superintendent, and the county board is charged 
with the duty of carrying into effect this provision to secure neat, comfort- 
able and attractive houses. Pamphlets containing plans of such houses will 
be approved by the State Superintendent, together with specifications, esti- 
mates of cost, and bills for materials, will be furnished by the State Superin- 
tendent on application. Using the proceeds of the sale of old school property 
for new and better property is simply exchanging school property, and need 
not be accounted for in the annual apportionment of the school fund of the 
county. 

10. Public School Building Not Subject to Statutory Lien. — "A public 
school building, vested in trustees for public school purposes, is not sub- 
ject to statutory lien for materials furnished for its contractor, in the absence 
of a statute indicating a legislative purpose to the contrary." 150 N. C, 680. 
(December 13, 1911.) 

XII 

MISCELLANEOUS 

1. Contracts With Private Schools Authorized; Contracts with Sectarian 
or Denominational Schools Forbidden. — Section 5610 of the Public School Law 
expressly gives authority to the school committee to contract with the 
teacher of a private school, regularly conducted for at least six months in 
the year, to use the public school fund in connection with the private school 
to give instruction to all pupils between the ages of six and twenty-one years 
in the branches of learning taught in the public schools, under the condi- 
tions prescribed in that section. I have ruled that the term private school 
does not include sectarian and denmninational schools. There is, therefore, 
not only no authority for making any contract with these schools for the 
use of public school funds, hut contracts with such schools are forMdden. 

2. Compulsory Vaccination; Sanitary Committee May Order. — Section 
4347, Volume II, the Revisal of 1905, provides that the sanitary committee of 
the county may make such regulations and provision for the vaccination of 
all the inhabitants of the county and impose such penalties as they deem 
necessary to protect the public health. Sections 3453 and 3455, Volume I, 
the Revisal of 1905, make any person violating these rules and reguhitions 
guilty of a misdemeanor. Therefore, if the sanitary committee of a county 
legally orders compulsory vaccination for the people of a . town, it is the 
duty of the school authorities and patrons of the schools to obey the order. 

It is especiall}' the duty of all teachers and school officers to inculcate 
in children the spirit of obedience to law. See section 23. chapter 62, Laws 
1911. 

3. Only Colleges and Universities Can Confer Degrees; Power Given by 
Legislature. — Only a chartered college or university can issue a diploma or 
confer a degree. Colleges and universities have r.o power to confer degrees 
or grant diplomas unless the power is expressly given by legislative enact- 
ment. (February 23, 1909.) 

4. Use of Schoolhouse for Religious Purposes. — The school house is the 
property of all the people, built by the taxes of all the people, and while it 
is under the control of the county board of education and the school com- 



122 Public School Law of I^orth Caeolina 

mittee, the continuous use of it for the benefit of only a part of the people 
consisting of one religious denomination is always subject to criticism from 
some of the people belonging to other denominations ; and for that reason I 
think it usually unwise to permit a schoolhouse to be used continuously as 
a church by one sect or denomination. If one denomination is permitted 
to use it for this purpose, other denominations would have the same right 
to demand its use, if needed-, and all sorts of complications might arise. 
I think the occasional use of the schoolhouse by any religious denomination 
for such a good purpose as the promotion of religion among the people 
is for the elevation of the community and is proper, or the use of it by a 
denomination while they are building a church, or getting ready to build 
a church, as an accommodation, it seems to me, ought not to be objected to, 
with the permission of the county board of education and the school com- 
mittee. 

5. County Board of Education does not have right to require individual 
drinking cups. (February 7, 1913.) 

6. The Chairman of a Board of Trustees or other governing body has only 
one vote ; that is, he may not vote as a member and also as chairman after 
his vote as a member has been used to bring about a tie. (May 2.3, 1913.) 

7. Vaccination Against Smallpox and other contagious diseases may be 
required of all school children by board of health of any town, city, or 
county. (November 25, 1913.) 

8. Legislature Cannot Raise rate of interest on school bonds without pro- 
viding for an election by the people in the district affected. (January 28, 
1915. ) 

9. Position on Sub-Textbook Commission is not to be considered an 
office, and a member of the sub-textbook commission may hold office while 
pursuing his duties as member of such commission. (October 7, 1913.) 

10. If a School Site Has Been Donated with the provision that it reverts to 
owner when no longer used for school purposes, the committee have a right 
to remove or sell the school building, etc., before giving up the site. (July 
14, 1913.) 

11. Absent Voters. — Under the provisions of chapter 23 laws 1917 absent 
electors may vote in school bond and special tax elections. 



INDEX TO PUBLIC SCHOOL LAW 



A 

Section Page 

Abolition of special district 5531, 5532, 5533 45 

Acceptance of federal vocational education act 5502 39 

Accounts of state board 5390 14 

Action of county board reviewed by court 5421 22 

Action on bond, treasurer 5446 26 

Additional powers of the county board 5412 19 

Admission of students, other counties, farm-life school 5584 33 

Adopted books only to be used 5701 82 

Adoption of high school text-books 5722, 5734 88, 92 

Adoption of text-books 5691, 5721 80, 88 

Adult illiterates, schools for 5607, 5509 63 

Age for free tuition 5537 46 

Agricultural high schools 5589 59 

board of trustees 5590 59 

buildings and equipment 5592 59 

location _ 5591 59 

maintenance 5592 59 

Agricultural and health authorities cooperate in rural entertainment 5631 67 

Agriculture, manual training and home economics taught 5556 50 

Aim of farm-life school 5567 52 

AlcohoMc drinks, effects of 55"! 47 

Annual reports state superintendent to include operations of loan fund 5392 15 

Appeal of removed officials to state board 5414 20 

Appeals to county board 5420 22 

Application by county board for rural entertainments 5630 66 

Application, general school law to Indians 5551 49 

Application of chapter 95 5383 13 

Application of teacher filed with county superintendent 5662 73 

Appointment, board of examiners 5633 73 

Appointment, school committee 5^57 28 

Apportionment, special tax funds 5536 46 

Apportionment, state public fund 5482 33 

Appropriation, city schools, by state for teachers' salaries 5482 33 

consolidation, state funds must encoui-age 5489 35 

county to county farm-life schools 5601 61 

dental treatment free 5752 95 

high school instruction 5490. 5580 35, 56 

instruction of illiterates 5607 63 

if number of districts has been increased in county .' 5489 35 

loan fund for building plans 5672 75 

number of teachers allowed 5490 35 

rural libraries 5491, 5620 36, 65 

rural recreation work 5632 67 

state board of examiners 5491 36 

state funds withheld for failure to teach temperance 5555 50 

state public school fund, how paid 5484 33 

State to farm-life high school 5599, 5600 61 

state to farm-life school 5587 58 

superintendent colored normal schools 5491 36 

supervision and inspection of high schools 5492 36 

supervision of rural schools 5492 36 

to match federal vocational funds 5503 39 

teacher training 5192 36 

vocational education, how used 5503, 5504 39 

vocational funds, state treasurer to handle 5504 39 

vocational purposes 5396 16 

Approval of certificates 5647 69 

Approval of schoolhouse plans by state superintendent 5415 21 

Arbor day 5543, 5515 

date fixed 5543 47 

program issued by state superintendent 5515 IS 

Arithmetic to be taught 5541 47 

Assessment of property, certified to tax commission 5484 33 

Attendance, compulsory on institutes 56-10 68 

upon summer school required 5610 68 

officers 5760 97 

attorney-general member of state board 5384 13 

Auctioneers' license taxes (see Public Laws 1901, c. 4, s. 5) 5451 27 

Auditor member of state board 5384 13 

B 

Ballots, special tax election 5527 44 

Banks handling school funds, report 5155 28 

Biennial report state superintendent 5392 14 

Blanks, budget 5193 36 



124 Index 

Section Page 

Blanks distributed by county superintendent 5439 25 

Blanks furnished by state superintendent 5440, 5441 25 

Board for vocational education 5393 15 

powers and duties of the board 5394 15 

report to governor 5397 16 

Board of education, county (see County Board of Education) 5402,5423 17 

Board of education, state 5384 13 

accounts of, state treasurer keeps 5390 14 

corporate powers 5384 13 

expenses 5386 14 

investments 5389 14 

meetings 5386 14 

officers 5386 14 

quorum 5386 14 

record of proceedings 5387 14 

reports to general assembly 5388 14 

succeeds to literary fund 5385 13 

Board of examiners and institute conductors .5633, 5658 67 

accrediting teachers 5643 69 

appointment 5633 67 

assistants to board 5655 71 

certificating teachers 5642 69 

chairman 5634 67 

county summer schools 5639 68 

examinations 5643 69 

institutes 5638 68 

joint institutes 5641 69 

membership 5633 67 

negro assistants 5641 69 

prepares examination questions : 5651 70 

printing 5655 71 

removal of members 5636 68 

salaries of 5491, 5635 36, 68 

secretary 5634 67 

special examinations 5652 71 

stenographer 5655 71 

supervision of teacher training 5637 68 

teacher training in high schools 5639 68 

term of office 5633 67 

to define different classes of first-grade certificates 5657 72 

to review appeal on certificate 5647 69 

vacancies 5633 67 

Board of trustees, agricultural high school 5590 59 

farm-life school 5568, 5590 52, 59 

Bonds, ballots 5680 77 

collection of taxes... 5683 78 

county treasurer 5445 26 

for city schools 5684, 5690 78 

for farm-life school 5574, 5576 54, 55 

for schoolhouses 5676, 5683 76 

issuance of 5681 77 

law governing election 5680 77 

levy of special tax 5681 77 

liability of officers 5683 . 78 

limit of amount 5678 77 

order of election 5677 77 

petitioned for a second election 5679 79 

proceeds of bonds sold to be paid out upon the order of the committee.. 5682 78 

sinking fund invested 5682 78 

sold, county board holds funds 5682 78 

to be sold by county board 5682 78 

Bookcases furnished by county board of education 5621 65 

Boundaries of graded school district coterminous with corporate limits of 

city 5479 32 

Branches to be taught 5517, 5518, 5541. 5698 41,47,82 

Budget 5485, 5493, 5501 33, 36 

aid for indigent children 5764 98 

blanks 5493 36 

contents of 5493 36 

funds for adult schools 5608 63 

provides expense of orphanage children attending public schools 5605 63 

Bulletins, agriculture, manual training, home economics 5556, 5557 50 

Building contracts 5415 21 

must be in writing 5670 75 

farm-life school 5571, 5572 53 

fund 5487, 5496 34, 37 

apportioned to city schools 5496 37 

can bear only half cost of new house 5670 75 

loans 5671, 5675 75 

on school site not owned by county board 5450 27 

repairing, contracts for schoolhouse 5670 75 

to be approved and accepted by county superintendent 5670 75 

Business colleges to be licensed 5775, 5780 100 



Index 125 
c 

Section Page 

Called meetings board of education 5410 19 

Census 5740.5746 93 

false returns, misdemeanor 5746 94 

blanks furnished by countj' superintendent 5741 93 

one-fifth district must attend 5540 47 

reports, contents of 5740 93 

when filed 5741 93 

taker 5742 93 

compensation 5743 94 

to report blind children 5771 99 

to report deaf children 5767 99 

to be furnished to teacher 5744 94 

Certificates, approval of 5647 69 

as to assessment of property 5484 33 

as to teacher's health 5659, 5660 72 

classes of 5657 72 

county superintendent 5425, 5657 23, 72 

first grade 5657 72 

not to issue to person under eighteen years of age 5645 69 

of teacher in private school 5612 64 

prerequisite to employment 5644 69 

second and third grade 5646 69 

of teacher in farm-life schools 5581 57 

Children excluded from school 5417 22 

in orphanages attend public school 5604, 5606 62 

physical examination of 5747, 5752 94 

transferred from one county to school in another county 5476 31 

Cities and towns, bonds 5684, 5690 78 

special tax 5519, 5522 42 

City schools, appropriation from building fund 5496 37 

appropriation for teachers' salaries 5482 33 

incidental fund apportionment 5495 37 

report to state and county superintendent 5383 13 

treasurer of reports 5451 27 

City superintendent approves certificates 5647 48 

issues second- and third-grade certificates '. 5646 48 

Civil government to be taught 5541 47 

Civil liability of sheriff for failure to settle school taxes 5500 38 

Clerks of courts report fines 5497 38 

Closing school, nonattendance 5540 47 

time of, fixed 5412 19 

Collection of school taxes, state and county 5500 38 

special tax 5507, 5513, 5521, 5523, 5528 40. 41 

42, 43, 44 

College degrees, commission regulates 5398, 5401 17 

college commission created 5399 14 

commission empowered to grant license to confer degrees 5400 17 

inspection of institutions 5401 17 

revocation of license 5401 17 

right to confer degrees restricted 5398 17 

Commercial schools 5775, 5780 100 

Commission, state education (see Public Laws 1917, c. 197) 

apportionment special tax funds 5536 46 

care of property 5464 29 

census of deaf and dumb and blind children 5440 25 

chairman of 5463 29 

compensation 5462 29 

contract with private school 5610 63 

designate census taker 5742 93 

dismissal of teacher 5661 73 

district or township 5457 28 

election of 5457 28 

employs teachers 5661 73 

expenditures by 5466 29 

furnish census to teacher 5744 94 

illiterates, reported by 5740 93 

meets for the employment of teachers 5662 73 

not to overdraw account 5466 29 

oath of office 5459 29 

records 5467 30 

removal of : 5414 20 

reports census annually 5740 93 

report, deaf, dumb, and blind children 5440 25 

report value of school property 5468 30 

secretary of 5163 29 

sign order for teacher salaries 5669 74 

special tax districts 5536 46 

term of office 5458 29 

township high school 5514 41 

women may serve on 5539 46 

Committee 5457. 5468 28 

Committeemen not eligible as teachers 5663 73 

Commissioners of county to levy required tax 5486 34 



126 Index 

Section Page 

Composition to be taught 5541 47 

Compulsory attendance 5758, 5762 96 

age limits 5758 96 

enforcement 5759 96 

exemptions 5758 96 

prosecutions 5760 97 

reports 5760 97 

rules and regulations 5759 96 

of blind children 5769, 5774 99 

of deaf children 5765, 5768 98 

of indigent children 5763, 5764 98 

violation of the law misdemeanor 5761 97 

Condemnation of school property 5416 21 

Conduct of teachers and pupils, regulations as to attendance 5412 19 

Consolidating districts 5473 31 

appropriation must encourage 5139 35 

Constitution of North Carolina and United States to be taught 5541 47 

Constitutional limitation, poll tax 5486 34 

Constitutional provisions in re education 5537 46 

Constructions of public school law 103 

authority for 5392 14 

committee and trustees- Ill 108 

compulsory school law A 104 

county board of education I 104 

county superintendent 11 107 

libraries VIII 116 

loans VIII 116 

miscellaneous XII 121 

patrons and pupils V 111 

school districts VI 113 

school funds IX 116 

school property XI 119 

special tax district X 118 

teachers IV 109 

Contempt of county board 5418 22 

Contents county superintendents' report to state superintendent 5442 26 

Contingent fund 5487, 5495 34, 37 

Contiguous counties, schools, districts formed from 5471 30 

special tax districts 5529 44 

Contiguous territory, votes special tax 5530 44 

Contingent expenses state board 5386 14 

Contracts for school buildings in writing 5415, 5670 21, 75 

Contracts with private schools 5610, 5617 63 

Corporate powers, state board 5384 13 

Cost of building, one-half from building fund 5670 75 

County authorities to cooperate with vocational board 5397 16 

County commissioners levy tax for six months school 5486 34 

County board of education 5402, 5423 17 

additional powers of 5412 19 

appoint attendance officer, may 5760 97 

appoints trustees of farm-life school 5568 52 

appropriates for farm-life schools 5588 59 

appropriates for library 5618, 5624 64 

authorized to aid indigent children 5764 98 

changes boundary lines between special school districts 5474 31 

children excluded from school 5417 22 

close schools, may 5540 47 

compensation of (see Revised Statutes) 

consolidates schools 5473 31 

contracts for all new schoolhouses 5415, 5670 21, 75 

directed to pay teachers promptly „ 5G69 74 

dismissal of teacher 5412 19 

districts, special tax, formed by 5523 42 

donations to 5416 21 

duties at July meeting 5411 19 

duties at meetings 5410 19 

elections by general assembly 5404 18 

election of county superintendent 5424 23 

eligibility for office 5409 19 

estimate for six-months term 5486 34 

examination reports of superintendent and treasurer 5411 19 

fix the date for opening and closing schools 5412 19 

fixes method of conducting schools 5412 19 

fix salary schedule 5494 36 

fixes salaries of teachers 5668 74 

general control of all school matters 5412 19 

general powers 5402, 5412 17, 19 

gifts, grants, donations to be received 5416 21 

holds proceeds of bond sale 5682 78 

incorporation 5402 17 

investigates character of teachers 5412 19 

invests sinking fund 5682 78 

July meeting with county superintendent and treasurer 5411 19 

lays out school district 5469 30 



Index 127 

Section Page 

list fines reported to 5497 38 

loans to districts 5675 76 

local variation as to number of members 5403 18 

may close school for nonattendance 5540 47 

may punish for contempt 5418 22 

may require reports of treasurer 5452 27 

meetings, number of 5410 19 

members may be removed 5414 20 

members of, cannot teach 5663 73 

members to qualify 5406 18 

money not to be spent on house except built by approved plans 5415 21 

must use approved plans of houses 5670 75 

must obey instructions of state superintendent 5392 14 

nominations by county primarie-s 5404 18 

number of members 5403 18 

oath as to provision for six-months school term 5485 33 

other powers and duties 5412 19 

pay not over one-half cost of schoolhouse 5415, 5670 21, 75 

per diem 5495 37 

petitions for bonds 5676 76 

petitions for special county tax 5505 39 

powers 5412 19 

power to create and abolish districts 5469 30 

power to make regrulations to secure attendance 5412 19 

provides separate schools for Indians, certain counties 5548 48 

publication of annual statement 5410 19 

punishes for contempt 5418 22 

redistrict county 5473 31 

regulates appeals from county officers 5420 22 

remove county superintendent, may 5414 20 

removes member of county board of education 5414 20 

removes school committeemen 5414 20 

rules governing general conduct of schools 5412 19 

secretary of, keeps index of deeds 5422 22 

sells bonds 5682 78 

sells unnecessary school property 5416 21 

site of school may be condemned 5416 21 

special county taxation for schools 5505 39 

submits budget 5455 33 

submits certificate to state tax commission as to assessment 5484 33 

subpoenas witnessed 5418 22 

suits and actions prosecuted 5417 22 

term of office 5404 18 

title to property purchased vested in county board 5417 22 

transfer persons to special tax districts 5478 31 

vacancies in nominations 5407 18 

vacancies in office 5404 18 

vacancies, non-election by general assembly 5404 18 

County board of elections provides nominations 5405 18 

County budget 5493, 5501 36 

aid for indigent children 5764 98 

expenses orphanage children provided for 5605 63 

schools for illiterates 5608 63 

County commissioners appoint special tax election officers 5527 44 

County high schools give farm-life instruction 5589, 5601 59 

County farm-life schools 5556, 5588 50, 59 

County must levy special tax 5485, 54S6 33, 34 

County not compelled to levy more than 35 cents for teachers' salaries 5486 34 

County primaries, nomination of county board 5404 17 

County school statistics 5439 25 

County special school tax 5505, 5510 89 

levy and collection 5507 40 

election expense 5510 40 

County summer schools for teachers 5639 68 

County superintendent public instruction 5424, 5443 23, 26 

administers oaths 5433 24 

advises committeemen 5439 25 

advises teachers 5432 24 

annual report 5442 26 

approves certificates 5647 69 

approves course of study of agricultural high schools 5594 60 

attends state and district meetings 5436 24 

certification of 5425, 5657 23, 72 

city schools report to 5383 13 

conducts examinations 5646 69 

distributes blanks and books 5439 25 

election _ 5424 23 

election reported 5429 23 

eligibility 5425 23 

expenses 5436, 5 195 24. 37 

files lists of fines with board 6500 88 

gathers statistics 5439 25 

holds teachers' meetings 5435 24 

indexes deeds 5422 22 



128 Index 

Section Page 

inspects and receives buildings 5415, 5670 21, 75 

issues second- and third-grade certificates 5646 69 

joint appointment of by two counties 5430 23 

joint employment in cities and towns 5431 24 

keeps an index of deeds 5422 22 

looks after fines, forfeitures, and penalties 5437 25 

monthly report 5441 25 

must approve election of teachers 5664 73 

must attend state and district association 5436 24 

must hold certificate 5644 69 

must make monthlj'^ report 5441 25 

not to sign teacher's voucher, when 5664 73 

not to teach 5426 23 

oath of office 5427 23 

office at county seat 5424 23 

provides reports on deaf, dumb, and blind children 5440 25 

qualification 5425 23 

reports 5411 19 

reports to deaf, dumb, and blind institutions 5440 25 

removal from office 5443 26 

salary of (see Consolidated Statutes) 

secretary to board of trustees farm-life school 5568 52 

secretary to county board 5438 25 

signs all vouchers for teachers' salaries 5664 73 

suspends teachers 5432 24 

term of office 5424 23 

to furnish census blanks 5741 93 

to report blind children 5771 99 

to report deaf children 5767 99 

to reside in county 5426 23 

vacancy in office of 5428 23 

visits schools ; 5434 24 

withholds approval of final voucher until all reports are made 5667 74 

County superintendent of public welfare to prosecute 5762 97 

County treasurer, bond 5417 22 

bond 5445 2ft 

disbursements 5450 27 

orders libraries 5621 65 

reports 5411 19 

salary 5495 37 

treasurer for farm-life school 5585 58 

treasurer school fund 5444 2ft 

Course of study 5541, 5563 47, 51 

farm-life schools 5567 52 

Criminal liability of sheriff for failure to settle taxes 5500 38 

D 

Daily attendance necessary for appropriation 5490 35 

if less than 15 pupils, no appropriation 5489 35 

Deaf children, compulsory attendance 5765, 5768 98 

Date for payments of loans 5673 7ft 

Day, what constitutes school day 5668 74 

Deaf, dumb and blind children, census reports 5440 25 

Deeds to county board of education 5422 22 

deed for property sold executed by chairman and secretary of 5423 23 

indexed 5422 22 

Defective children 5440 25 

Denominational school, no contract with 5610 63 

Dental treatment 5752 95 

Disagreement, county board and county commissioners as to levy 5488 35 

Disbursement school fund 5450 27 

Discipline, regulation of 5412 19 

Discrimination against any race forbidden 5538 4ft 

Dismissal of teachers 5412 19 

Distribution blank forms by county superintendent 5439 25 

Districts 5469, 5479 30 

accounts 5449 27 

teachers' association meetings 5436 24 

boundaries changed 5474 31 

consolidated 5473 31 

transportation of pupils 5475 31 

containing cities or towns, special tax 5523, 5525 42 

creation of limited 5472 30 

formed of contiguous townships 5470 30 

graded school, boundaries of 5479 32 

graded school, incorporated 5479 32 

how formed ' 5469 30 

in cities enlarged 5478 31 

loans to by county boards 5675 76 

must have 65 census 5472 30 

not to be abolished, when 5489 35 

number of limited 5472 30 

of portions of contiguous counties 5471 30 



Index 129 

Section Page 

of portions of contiguous townships 5470 30 

special, how abolished 5531, 5532, 5533 45 

special, how enlarged 5530 44 

special-tax districts, transfer of persons into 5478 31 

special tax in 5526, 5536 43 

special tax increased 553o 45 

special tax levy reduced 5483, 5508 33, 40 

special tax levy restored 5534 45 

District superintendent 5383, 5431 13, 24 

Donations may be accepted by county board 5416 21 

Drawing must be taught 5541 47 

Duties, county superintendent, failure to perform 5443 26 

teacher 5666, 5667 73 

Duties and powers, county board 5412, 5416 19, 21 

state superintendent 5392 14 

acquaints himself with local educational want«i 5392 14 

delivers lectures 5392 14 

enforces and construes school law 5392 14 

investigation of other school systems 5392 14 

looks after schools 5392 14 

publishes necessary educational bulletins 5392 14 

publishes school law 5392 14 

receives evidence as to county superintendent's " performance of 

duties 5392 14 

reports biennially to governor 5392 14 

sends circular letter to school officers 5392 14 

signs requisitions on auditor 5392 14 

travels in connection with loan fund 5392 14 

E 
Educational commission, an act to create (see c. 197, Public Laws 1917). 

Educational opportunities not to be limited 5489 35 

Education in our constitution 3 

Effects of narcotics taught 5541 47 

Election, county boards ; 5404 18 

county superintendent 5424 23 

county superintendent, reported 5429 23 

farm-life school board 5568 52 

for bond issue 1 5676 76 

for kindergartens 5602 62 

in county to establish farm-life school 5573 53 

in township to establish farm-life school 5575, 5577, 5578 54, 55 

special county school tax, rules governing 5506, 5509 40 

special-tax district, how called 5526 43 

special county school tax 5505, 5509 39 

to enlarge special-tax district 5530 44 

township high school tax 5511 40 

Elementary branches in high school 5517 41 

Eligibility, county superintendent 5425 23 

school committee 5461 29 

Elimination of small schools 5489 35 

Employment of teachers 5644, 5661, 5665 47,51,52 

without certificate unlawful 5656 71 

Encouragement of high school instruction 5490 35 

Enforcement of school law by state superintendent 5392 14 

English grammar to be taught : 5541 47 

Enlargement of graded school districts in towns 5478 31 

of libraries 5624 65 

of special-tax district 5530 44 

Enforcement of compulsory attendance 5759, 5760 96, 97 

Entertainments, rural 5629 66 

Equalizing fund 5486 34 

Equalization of school term 5486 34 

Equipment, county agricultural high schools 5592 59 

Establishing a library 5618 64 

Establishment of farm-life schools 5566 52 

Estimate building fund 5496 37 

incidental fund, basis of 5495 37 

salary fund, basis of 5494 36 

six-months school term 5486, 5493 34, 36 

Estrays, proceeds of sale (see Public Laws 1901, c. 4, s. 5). 

Examinations 5643, 5652, 5653 69, 71 

dates for 5652 71 

grading papers 5655 71 

how conducted 5653 71 

of school children 5747, 5752 69. 71 

of teachers of temperance 5554 50 

questions printed and distributed 5651 70 

questions, tampering with a misdemeanor 5658 72 

teachers' manual training, home economics, agriculture 5561 51 

transmission of papers 5653 71 

Examiners and institute conductors 5633, 5658 67 

Examines books, vouchers and accounts, county treasurer 5410 19 

9 



130 Index 

Section Page 

Exchange of libraries 5623 65 

Exemption certain schools from chapter 95 5383 13 

compulsory attendance 5759 96 

Execution of school laws 5412 19 

Executive committee fills vacancy in nomination county board 5407 18 

Expenditures, school committee, limited 5466 29 

Expense of county superintendent 5436, 5495 24, 37 

of orphanage children attending public schools 5604, 5605 62, 63 

special tax election 5527 44 

state board .'. 5386 14 

treatment of defective pupils 5751 95 

Extension and demonstration work 5582 57 

F 

Failure commissioners to make leA^ a misdemeanor 5488 35 

county treasurer to make report, misdemeanor 5456 28 

member of county board to qualify creates vacancy 5406 18 

sheriff to settle school tax 5500 38 

treasurer to report, misdemeanor 5456 28 

Farm-life high schools 5589, 5601 59 

aim 5593 60 

appropriation by state 5599, 5600 61 

county appropriations limited 5601 61 

authority of high school principal 5595 60 

board of trustees 5590 59 

buildings and equipment 5592 59 

course of study 5593 60 

extension work 5598 60 

faculty ; 5594 60 

location 5591 59 

maintenance 5592 59 

qualifications of teachers •. 5596 60 

schedule of work 5594 60 

students from other counties 5597 60 

tuition , 5597 60 

instruction in county high school 5589, 5601 59, 61 

Farm-life school 5566 52 

aim 5567 52 

maintenance 5571 53 

admission of students 5584 58 

appropriation 5587 58 

board incorporated 5586 58 

bonds 5574, 5576 54, 55 

building 5571, 5572 53 

course of study 5567 52 

election in county to establish 5573 53 

election in township to establish 5575, 5577, 5578 54, 55 

established 5556, 5588 50, 59 

extension work .' 5582 57 

farm , 5571 53 

funds from county board 5588 59 

high school course of study 5580 56 

located 5570 52 

number limited 5587 58 

powers of board 5586 58 

short courses 5583 57 

teachers certificated 5581 57 

teachers, elected 5581 57 

treasurer 5585 58 

treasurer receive no commission on bonds 5574 54 

trustees 5568 52 

vocational board approves course of study 5567 52 

Federal and state cooperation in vocational education 5502, 5504 39 

Federal appropriation for vocational education matched 5503 39 

Federal vocational act accepted 5502 39 

Fines, forfeitures and penalties 5437 25 

lists of filed 5497 38 

Fire prevention to be taught 5542 47 

Fiscal school year 5501 39 

Forfeitures belong to school fund (see education in our constitution) 3 

Formation of special-tax districts 5526 43 

Forms to be printed by state superintendent 5393 15 

Free dental treatment 5752 95 

Free examination of teachers 5659 72 

Freeholders, petition for local tax 5526 66 

Funds, apportionment special tax 5536 46 

for buildings and incidental expense 5487 34 

for salaries 5494 36 

repayment of loans 5674 76 

state public school 5481 33 



Ijs'dex 



131 



G 

Section 

General powers, county board 5402 

Geography to be taught 5541 

Gifts of school property 54 1 6 

Governor member of state board 5384 

Government, elements of civil, taught - 5541 

Graded school districts, boundaries coterminous with city boundaries 5479 

incorporated 5479 

H 

Health and agricultural authorities cooperate in rural entertainment 5631 

Health certificate required for teachers 5659, 5660 

High school, appropriations, rules and regulations governing 5490 

certificate 5657 

course of study in farm-life schools 5580 

department for farm-life school 5580 

for townships 5511 

pupils attend in adjoining county : 5413 

subjects may be taught in public schools 5518 

text-books, adoption 5722, 5734 

History to be taught 5541 

Home economics, agriculture and manual training 5556, 5565 

in high schools 5589 

Houses must be built according to approved plans 5670 

How township high school tax may be voted 5511 

Hygiene to be taught 5541 

I 

Illiterates, funds for schools 5608 

instruction of 5607. 5609 

reported by committee 5740 

Incidental expense fund 5487 

basis of estimate 5495 

rental of text-books * 5637 

Incorporation, county board 5402 

graded school districts 5479 

rural communities 5629 

Increasing levy in special- district 5535 

Index of deeds to school property 5422 

Indians certain counties, separate schools 5546,5551 

Sampson, Robeson and Richmond counties 5538 

Indigent children aided 5764 

books for 5637 

to attend school 5763, 5764 

Inefficient county school officials removed 5414 

Inspection of school buildings 5670, 5672 

Installment on loans 5673 

Institutions for deaf, dumb and blind, census reports to 5440 

Institutes 5638 

different races separate 5641 

schedules 5642 

when held 5642 

Instruction in temperance 5552, 5555 

Investigation as to indigency of child 5763 

teacher's character 5412 

violations of attendance law 5762 

Investments, state board 5389 

Itemized statement of receipts and expenditures published by county board.. 5410 

J 

Joint appointment, county superintendent 5430 

Justices of the peace report fines 5497 

K 

Kindergartens 5602, 5603 

teachers 5603 

L 

Language lessons to be taught 5641 

Lease of school grounds in cities 5 105 

Levy and collection special tax 5507, 5513, 5521, 5528 

special tax reduced 5483, 5508 

Liability of sheriff for school taxes 5500 

Libraries 5618 

additional 5626 

appropriation for ;. 6627 

cities and towns excluded 5628 

enlarged 5618, 5624 



Page 

17 
47 
21 
13 
47 
32 



69 

29 

40.41 

42. 44 

33.40 

38 

64 

66 

66 

66 

64. 65 



132 Index 

Section Page 

exchange of 5623 65 

how established 5618 64 

how selected 5619 65 

management of 5619 65 

not to be aided in cities 5628 66 

number of limited — 5625 66 

reports to be made to the state superintendent 5622 65 

rules and regulations by state superintendent 5622 65 

state aid 5620 65 

bookcases ~ 5621 65 

Licenses for commercial schools 5775 100 

proceeds auctioneers (see Consolidated Statutes). 

Limitation of poll tax 5486 34 

building fund 5496 37 

creation of new district 5472 30 

Lieutenant-governor, member state board 5384 13 

Lists books for rural libraries 5619 65 

fines filed with county board of education 5497 38 

Literary fund 5385, 5480 13, 32 

Loans 5671 75 

county boards to districts 5675 76 

how made 5673 76 

how repaid 5674 76 

how secured and paid 5674 76 

made by state board 5671 75 

school districts 5675 76 

Location of farm-life schools 5570 52 

. M 

Maintenance farm-life school 5571 53 

Mandamus to compel county commissioners to make levy 5488 35 

Manual training, agriculture, and home economics 5556, 5565 50, 52 

Maximum salary teacher fixed by county board 5494 " 36 

May budget 5486 34 

county board of education 5410 19 

Meetings, committee 5463, 5662 29, 73 

state board 5386 14 

teachers 5435 24 

Members county board, oath of 5406 18 

state board, who , 5384 13 

Membership, board of examiners 5633 67 

school committee 5457 28 

Month, what constitutes 5668 74 

Monthly report, county superintendent 5441 25 

Moral character of teachers 5412 19 

Moving pictures for rural communities 5629 66 

N . 

Negroes may not attend white schools 5538 46 

New libraries 5626 66 

No race discrimination 5538 46 

Nomination of county boards 5404 18 

provided by county board of elections 5405 18 

Nonattendance, schools closed 5540 47 

Nonresidents, tuition credits 5477 31 

Notes for school loans deposited with state treasurer 5673 76 

November budget 5485 33 

Number of libraries allowed 5625 66 

Number of members of county boards 5403 11 

school committee 5457 28 

O 

Oaths administered by county superintendent 5433 24 

Oath as to provision for six-months school term 5485, 5486 33, 34 

Oath of office county board members 5406 18 

school committee ^ 5459 29 

county superintendent 5427 • 23 

Office records county board 5438 25 

county board of education, vacancy in 5404 18 

county superintendent 5424 23 

days county treasurer 5450 27 

school committee 5457, 5468 28 

state superintendent must be at capitol 5391 14 

Officers obey instructions state superintendent 5392 14 

state board 5386 14 

Opening of schools, time fixed :. 5412 19 

Organization, school committee 5463 29 

Orphanages, children at, attend public school 5604, 5606 62 



Index 



133 



p 

Section 

Payment for schoolhouse 5415 

Penalties 5437 

Per diem county board of education 5495 

Permanent school fund, what 5480 

Petition for bond election, contents of 5677 

special city or town school tax 5519, 5523 

special county tax _ 5505 

special district tax 5526 

special high school township tax 5511 

Physical defects of pupils treated 5751 

Physical examination of pupils 5747, 5752 

made by teachers 5748 

made under rules of state superintendent and state board of health 5747 

record cards to be sent to state board of health 5749 

reexamination of pupils 5750 

Physiology taught 5541 

Place of meeting state board 5386 

Plans used for building schoolhouses 5670, 5672 

Pollholders for special-tax election 5527 

Poll taxes 5498, 5499 

limited 5486 

Power of county board to punish for contempt 5418 

Powers and duties, board for vocational education 5394 

state superintendent 5392 

acquaints himself with local educational wants 5392 

delivers lectures 5392 

enforces and construes school law 5392 

investigation of other school systems 5392 

looks after schools 5392 

publishes necessary educational bulletins 5392 

publishes school law 5392 

receives evidence as to county superintendent's performance of 

duties 5392 

reports biennially to governor 5392 

sends circular letters to school officers 5392 

signs requisitions on auditor 5392 

travels in connection with loan fund 5392 

Preservation of school property 5402, 5417 

President of state board 5386 

Private schools, contracts with 5610, 5617 

Privies for schools 5753, 5757 

Proceedings, state board 5387 

Property, literary fund 5480 

purchased, deeds for 5422 

sold deed executed 5423 

proceeds _ 5423 

Property taxes „ 5498, 5499 

Public funds, schools receiving must report 5383 

Public school fund, state 5480, 5492 

Public school law to be printed 5394 

Public schools, children in orphanages attend 5604 

general authority of county board 5412 

system uniform 5537 

Publication of annual statement by county board 5410 

Pupil dismissed from school 5666 

interchanged by counties 5476 

rules for attendance 5412 

Q 

Qualifications members board of education 5409 

county superintendent 5425 

school committeemen 5461 

Quorum, state board 5386 

R 

Races, separation of 5538 

Reading to be taught 5541 

Recommendations, state superintendent 5392 

Record of proceedings of county board 5438 

school committee must keep 5167 

state board 5387 

Redistricting county 5473 

Reduction of special tax levy 5483, 5508 

Register of deeds to furnish abstracts of lists to county board 5199 

Registrar for special-tax elections 6527 

Registration, special-tax election 5527 

Removal of county superintendent 5414, 5443 

member of county board of education 5114 

member of board of examiners 5636 

school committeemen 5414, 5420, 5421 



Page 
21 
25 
37 
32 
77 
42 
39 
43 
40 
95 
94 
94 
94 
94 
95 
47 
14 
75 
44 
38 
34 
22 
15 
14 
14 
14 
14 
14 
14 
14 
14 

14 
14 
14 
14 
14 

17,22 
14 
63 
95 
14 
32 
22 
23 
23 
38 
13 

32, 36 
15 
62 
19 
46 
19 
73 
31 
19 



46 
47 
14 
25 
30 
14 
31 

33,40 
38 
44 
44 

20. 26 
20 
68 

20.22 



134 Index 

Section Page 

teacher ...5420, 5421, 5432, 5661 22, 24, 73 

Rental of text-books 5735 92 

Repayment of loans 5674 76 

Repairing schoolhouses 5670 75 

Reports, committee on school property 5468 30 

compulsory attendance 5760 97 

county superintendent, on instruction in manual training, agriculture, 

and home economics 5565 52 

county superintendent to state superintendent 5442 26 

county treasurer 5449, 5451, 5452 27, 28 

fines, forfeitures and penalties 5437, 5497 25, 38 

schools receiving public funds 5383 13 

special charter schools must 5383 13 

state board for vocational education 5397 16 

state board, to the general assembly _ 5388 14 

state superintendent to governor 5392 14 

state treasurer to legislature 5390 14 

teachers 5667,5760 74,97 

treasurer required 5451, 5452 27 

Requirements necessary to receive state fund 5490 35 

Rules, establishment of township high schools 5511 40 

Rulings of state superintendent 103 

committee and trustees Ill 108 

compulsory school law A- 104 

county board of education I 104 

county superintendent II 107 

libraries VIII 116 

loans VIII 116 

miscellaneous XII 121 

patrons and pupils •. V 111 

school districts „ VI 113 

school funds IX 116 

school property XI 119 

special-tax districts X 118 

teachers „ IV 109 

Rural libraries 5618 64 

appropriation for 5491 36 

Rural recreation work 5629, 5632 66 

appropriation for 5632 67 

cost of 5629 66 

Residence, county superintendent 5426 • 23 

S 

Salary board of examiners 5635 45 

county treasurer (see consolidated statutes) 5495 37 

fund 5494 36 

schedule, may be fixed 5494 36 

state board of examiners 5491 36 

superintendent colored normal school 5491 36 

teachers 5494, 5668, 5669 36, 74 

teachers, appropriation for 5490 35 

teachers fixed by county board 5668 74 

Sale of school property 5416 21 

School age 5537 46 

School board, member not an officer 5539 46 

women eligible to 5539 36 

School budget 5485 33 

School buildings, contract for 5415 21 

received and approved 5415 21 

School census 5740, 5746 93 

School committee 5457 28 

appointment 5457 28 

compensation 5462 29 

contracts with private school 5610 63 

control over special-tax funds 5514, 5536 41, 46 

eligibility 5461 29 

employment of teachers 5661, 5662 73 

expenditures 5466 29 

keeps records of receipts, expenditures and contracts 5467 29 

membership 5457 29 

organization 5453 28 

powers as to school property 5464 29 

purchase of supplies 5466 29 

removed 5414 20 

reports on school property 5468 30 

special-tax district apportions funds 5514, 5536 41, 46 

township high school 5515 41 

vacancies 5460 29 

School day, length of 5668 74 

School districts 5469, 5479 30 

created by county board 5469 30 

each race separate '. 5469 80 



Index 135 

Section Page 

how formed 5469 30 

must have 65 census 5472 30 

School extension work 5629, 5632 66 

School, farm-life 5566,5601 52 

Schoolhouse, building of 5670 75 

loans 5671 75 

plans to be approved by the state superintendent 5670 75 

School for illiterates a part of the public school system 5607 63 

School fund, disbursement 5450 27 

not to be paid to teachers who do not hold certificates 5658 71 

receipts and disbursements 5447, 5448 26, 27 

treasurer of 5444 26 

School grounds leased 5465 29 

law applicable to Indians 5551 42 

execution of 5412 19 

to be published 5392 14 

month defined 5668 74 

month, length of 5668 74 

officers to obey instruction 5392 14 

privies 5753 95 

property 5416 21 

control of committee :... . .5464 29 

may be sold 5416 21 

site, title must be vested in county board 5450 27 

sites condemned 5416 21 

how acquired 5416 21 

system 5537 46 

taxes as they appear on tax lists , 5498 38 

taxes in separate column 5498 38 

term to be continuous 5668 74 

township high 5511 40 

year 5501 39 

closed for nonattendance 5540 47 

Schools exempt from provisions chapter 95 5383 13 

for illiterates 5607, 5609 63 

give courses in agriculture, manual training and home economics 5563, 5564 51 

for negroes separate 5538 46 

separate for each race 5538 46 

no discrimination because of race 5538 46 

under district superintendent 5431 24 

visited by county superintendent 5434 24 

Second grade teachers 5494, 5646 36, 69 

Secretary of state, member of board 5384 13 

Secretary to county board 5438 25 

state board 5386 14 

Security for loans 5674 76 

Smith-Hughes vocational educational act, provisions accepted 5502 39 

Separate schools for Indians, certain counties 5546, 5551 48 

Separation of races 5538 46 

Sheriff s liability for failure to settle school tax 5500 38 

Six-months term, special tax for 5485, 5486 33, 34 

Special county levy for incidentals and buildings 5487 34 

for six-months term 5485 33 

Special county school tax 5505 39 

levy and collection 5507 40 

rate 5505 39 

reduced 5483 33 

Special chartered districts, chapter 95 does not apply 5383 13 

Special days observed in public schools 5543, 5545 47 

Special tax apportionment 5536 46 

county 5505 39 

credits for tax of nonresidents 5477 31 

district abolished 5531, 5532, 5533 45 

boundaries changed 5474 31 

committee appointed 5536 46 

consolidated 5474 31 

created portions of contiguous counties 5529 44 

election, expense 5527 44 

enlarged 5530 44 

how formed 5526 43 

kindergartens 5602 62 

funds credited to school committee 5514, 5536 41, 46 

in cities and towns 5519, 5523 42 

in school districts 5526 43 

tax increased 5535 45 

levy restored 5534 45 

must be levied for six-months school term 5485, 5486 33, 34 

township high school 5511 40 

Spelling taught 5541 47 

State and federal cooperation in vocational education 5502 89 

State appropriation for libraries 5627 66 

rural recreation work 5632 67 

schools _ 5482 57 



136 Index 

Section Page 

State association meetings 5486 24 

State board of education 5384 13 

accounts of, state treasurer keeps 5390 14 

corporate powers 5384 13 

expenses 5386 14 

investments 5389 14 

makes compulsory attendance rules 5759 96 

makes schoolhouse loans 5671 75 

meetings 5386 14 

officers 5386 14 

powers of 5384 13 

proceedings kept 5387 14 

quorum 5386 14 

record of proceedings 5387 14 

reports to general assembly 5388 14 

■ succeeds to literary fund 5385 13 

state board, lands, statute of limitation not to apply (see consolidated statutes). 

State board of examiners and institute conductors 5633 67 

State board for vocational education 5393 15 

approves course of study farm-life schools 5567 52 

created 5393 15 

cooperation, county authorities 5396 16 

funds 5396 16 

powers and duties 5394 15 

report to governor 5397 16 

state certificates 5643 69 

State literary fund 5480 32 

State public school fund 5480, 5481 32, 33 

amount certified to state board 5481 33 

appropriations paid, how 5484 33 

apportionment 5482 33 

not to pay salaries of teachers receiving, other state funds 5482 33 

State superintendent and board of health make rules for physical examina- 
tion of school children 5747 94 

State superintendent public instruction 5391 14 

appoints assistants to conduct vocational education 5395 16 

approves equipment of agricultural high school 5592 59 

approves list of library books 5619 65 

biennial report : 5392 14 

city schools report to 5383 13 

copies of papers 5391 14 

enforcement school law by 5392 14 

furnishes compulsory attendance blanks 5760 97 

informs county boards regarding rural entertainments 5630 66 

inform local authorities regarding rental of text-books 5739 93 

is executive officer state board for vocational education 5395 16 

issues arbor day program 5545 48 

member state board 5384 13 

office at capitol „ 5391 14 

powers and duties 5392 14 

prepares courses in manual training, agriculture and home economics.... 5556 50 

prints school law 5392 14 

provides rural entertainments 5629 66 

report to include loan-fund operations 5392 14 

reports to governor biennially 5392 14 

State treasurer, accounts of state board 5390 14 

borrows if necessary to pay appropriation 5484 33 

certifies the amount public funds to state board 5481 33 

made treasurer of vocational fund 5504 39 

Subpoenas issued 5418 22 

Studies required 5541 47 

Suits, by county board 5417 22 

against county boards of education 5402, 5417 17, 22 

Superior court reviews action county boards 5421 22 

Supervision of public high schools, expense appropriation 5492 36 

of rural schools 5492 36 

of teacher training 5637 68 

Superintendent colored normal school 5491 36 

Superintendent, local, employed jointly 5431, 5430 23, 24 

Superintendent public instruction, county 5424 23 

not to approve vouchers of any teacher not holding a certificate 5656 50 

report to state superintendent 5442, 5667 26, 74 

Superintendent public instruction, state 5391 14 

office at capitol 5391 14 

copies of papers 5391 14 

powers and duties 5392 14 

Supplementary libraries 5624 65 

Supplies for schools 5466 29 

T 

Tax levy, failure to make misdemeanor 5488 35 

Tax, liability of sheriff for 5500 38 

lists, abstracts furnished county board 5499 38 

to have separate columns for school taxes 5498 88 



Index 137 

Section Page 

special county 5505 39 

for incidentals and buildings 5487 34 

levy and collection _ 5507 40 

special district 5526 43 

special disti-ict and county reduced 5483 33 

special in districts containing cities and towns 5523 42 

special in cities and towns 5519 42 

special, how levied and collected. 5507,5513,5521,5523,5528,5602 40,41.42 

44,62 

special for kindergartens 5602 62 

special for township high school 5511 40 

special levy restored 5534 45 

special of nonresidents, credit for 5477 31 

special school districts 5526 43 

state public school fund 5481 33 

township high school 5511 40 

Teachers 5633, 5658 67 

advise with county superintendent 5432 24 

age of 5645 69 

application must be filed with county superintendent 5662 73 

assistant only, with third grade certificate 5668 74 

character may be investigated 5412 19 

contracts 5467 30 

limitation on amount 5665 73 

limitation on period 5665 73 

mtist be filed with county superintendent 5664 73 

dismissed by county board, how 5412 19 

dismissed by school committee 5661 73 

duties of 5666, 5667 73, 74 

employed by school committee ^ 5661 73 

employed only at regular committee meetings 5662 73 

employment to be approved by county superintendent 5664 73 

examination of 5643, 5659 69, 72 

farm-life schools, elected 5581 57 

health certificate 5659, 5660 72 

health certificate free 5659 72 

health certificate required 5659 72 

how employed 5661, 5665 73 

in farm-life schools, certificated 5581 57 

ineligible to membership on board of education 5409 19 

institutes 5638 68 

kindergarten 5603 62 

make physical examinations of pupils 5748 94 

may dismiss pupils 5666 73 

meetings 5435 45 

monthly report 5667 74 

of manual training, home economics, agriculture, examined 5561 51 

of temperance 5554 50 

of public school branches in private school, certificate 5612 64 

physical examination record cards transmitted to state board of health.. 5749 94 

receiving other state funds not to receive state public fund 5482 83 

record census in register 5744 94 

records 5667 74 

register to be filed with county superintendent 5667 74 

Teachers, report to county superintendent 5667 74 

required to attend institute or summer school 5640 68 

required to hold certificate 5644 69 

rules and regulations for 5412 19 

salaries 5494, 5668, 5669 36, 74 

how paid 5669 74 

maximum fixed by county board 5494 36 

to be paid promptly 5669 74 

salary fund basis of estimate 5494 36 

fund, to be used for no other purpose 5493 36 

salary voucher, when valid 5668 74 

suspended, how 5432 24 

to maintain order and encourage virtue 5fi66 73 

to use only adopted books 57OI 82 

training 5637 gg 

appropriation for 5492 36 

in high schools !!!!"....!!! 5639 68 

with second grade certificates, maximum salary $45 a month 5668 74 

Teaching by county superintendent 5126 23 

Temperance instruction '..!".....!!.. 5552 49 

Term of oflice, county superintendent "" 5424 23 

members of hoard of education .....".. 5404 ]8 

school committee ''''' 5158 29 

Term of school continuous ........"..".. 5668 74 



each race equal 



5538 46 



six-months in each district (see sec. 3, art. IX. of the Constitution) 3 



Terms of loans for schoolhouses "" 5673 

Text-books, adoption ..."......!".!!..!"!!"!!!!!!!5fi91. 5721 



76 

80 

commission 5691 ^ 572i go 

92 



for indigent children '_"_"' ' 5737 

may be furnished by school boards !!!....."!."!!!!!!!!.!!!!!!!!!5735, 6739 92 



138 Index 

Section Page 

on fire prevention 5542 47 

on temperance 5554 50 

rental, limitation 5738 93 

subcommission 5691, 5721 80 

Time for opening and closing public schools 5412 19 

Township accounts 5449 27 

Township high school committee 5515 41 

tax 5511.5518 40 

Township lines, special-tax election 5526 43 

Treasurer, all orders must be signed by county superintendent 5450 27 

made treasurer of school fund 5444 26 

office days 5450 27 

report examined 5411 19 

renders account to state board 5390 14 

state board 5390 14 

Tuition credits 5477 31 

Tuition may be charged for orphanage children after six months 5606 63 

Tuition, special tax of nonresidents to apply on 5477 31 

Training of teachers of temperance 5554 50 

Transfer of persons living contiguous to special-tax district 5478 31 

Transportation of pupils 5475 31 

Treasurer county school fund 5444, 5456 26 

account with each township and district 5449 27 

action on bond of 5446 26 

annual report 5451 27 

duties on expiration of term 5454 28 

exhibits books to county board 5453 28 

failure to report 5456 28 

handles fai-m-life school bond funds 5574 54 

keeps account of receipts .' 5448 27 

keeps school funds separate from other funds 5447 26 

office if abolished, banks report 5455 28 

pays orders each month 5450 27 

proceeds sale of school property 5423 23 

receives and disburses school funds 5447 26 

receives only money 5448 27 

reports to county board 5452 27 

reports to county board of education and school committee.. 5449 27 

settlement 5411 19 

Treasurer vocational education funds 5504 39 

Treatment of physically defective pupils, expenses 5751 95 

Trustees city school, lease of school property 5465 29 

U 

Uniform system public schools 5537 46 

V 

Vacancies, board of examiners 5633 67 

county board of education 5407, 5408 18 

county superintendency 5428 23 

defined 5406 18 

filled -. 5408 18 

school committee 5460 29 

Valuation of property, certified to tax commission 5484 23 

Visiting school required 5434 24 

Vocational education 5393 16 

act, federal aid accepted 5502 39 

appropriation 5503 39 

board reports to governor 5397 1& 

cooperation with state board, county authorities 5396 16 

board created 5393 15 

executive officer, state superintendent 5395 16 

funds 5396 16 

fund, how used 5503, 5504 39 

fund, treasurer of 5504 39 

Vouchers signed by committeemen 5450 27 

W 

Warrants for loans issued by state auditor 5671 75 

Witness failing to testify misdemeanor 5419 22 

Witnesses subpoenaed 5418 22 

Women on school boards 5539 46 

Writing to be taught 5541 47 

Y 

Year, school, length of (see constitution, art. IX, sec. 3) 3 



Index 139 
index to rulings 

Section Page 

Committee and trustees Ill 1 08 

Compulsory school law A 104 

County board of education I 104 

County superintendent -. II 107 

Libraries VIII 116 

Loans VIII 116 

Miscellaneous XII 121 

Patrons and pupils V 111 

School districts VI 113 

School funds IX 116 

School property XI 119 

Special-tax district _ X 118 

Teachers IV 109 



i 



LIBRARY OF CONGRESS 

020 312 233 



